Marvin v. Herrick
New York Supreme Court
Priority of executions. A record of judgment was filed in the first above entitled cause on 9ih July, at nine o’clock, A. M., and in the second above entitled "cause on the same day at 50 minutes after itoo o’clock, P. M. A fi. fa. was delivered to the sheriff of Rensselaer in the second above entitled cause at half past nine, A. M., on the same day, and in the first entitled cause a similar writ was delivered to a deputy of the sheriff at eleven, A. M. The sheriff sold the…
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Priority of executions. A record of judgment was filed in the first above entitled cause on 9ih July, at nine o’clock, A. M., and in the second above entitled "cause on the same day at 50 minutes after itoo o’clock, P. M. A fi. fa. was delivered to the sheriff of Rensselaer in the second above entitled cause at half past nine, A. M., on the same day, and in the first entitled cause a similar writ was delivered to a deputy of the sheriff at eleven, A. M. The sheriff sold the household furniture of the defendant on the execution in his bands, which brought the sum of $160. A motion was now…
1Opinion of the Court
By the Court,
Savage, Ch. J.
By lire provisions of the revised statutes no judgment is valid so as to authorize any proceedings thereon until the record thereof is filed. 2 R, S. 360, § 11. It is objected that the issuing of the execution before the filing of the record is a mere irregularity, and that no one but the defendant in the execution can avail himself thereof; 8 Johns. R. 365; 1 Wendell, 31; but the issuing of the execution in the second above entitled cause previous to the filing of the record, was nota mere irregularity ; the execution itself was void, or a mere nullity, until the…
2Cases cited1 opinion
- Bank of Orange v. BrownNew York Supreme Court · 1828
3Cited by8 opinions
- Morris v. . PatchinNew York Court of Appeals · 1862
- Clute v. CluteNew York Supreme Court · 1847
- Walters & Farley v. Sykes & HarmanNew York Supreme Court · 1840
- Bank of Rochester v. EmersonNew York Court of Chancery · 1843
- Rogers v. CherrierWisconsin Supreme Court · 1889
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