Pease v. Howard
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The action in the court below was founded upon a judgment rendered before another justice six years before this suit was commenced. Tim only question raised was, whether a suit on a judgment in a justice’s court was barred by the statute of limitations. The eause was submitted to the court without argument.
1Opinion of the CourtVan Ness, J.
The words of the statute of limitations are, “ that all actions upon the case, &c. and all actions of debt for arrearages of rent, or founded upon any contract without specialty, shall be commenced and sued within six years, &c.’’ Whether a justice’s court is strictly a court of record, it is not material to determine in this case; for if it be not, it is settled, that a judgment rendered in it is conclusive evidence of a debt, and the merits of such a judgment, while it remains in force, cannot be overhaled or controverted in an original suit at law, or in equity; and it is as final, as to…
2Cited by18 opinions
- United States v. LymanU.S. Circuit Court for the District of Massachusetts · 1818
- Hard v. ShipmanNew York Supreme Court · 1849
- Robertson v. Blaine CountyCourt of Appeals for the Ninth Circuit · 1898
- Mitchell v. HawleyNew York Supreme Court · 1847
- Carshore v. HuyckNew York Supreme Court · 1849
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