Tuttle v. Kip
New York Supreme Court
IN ERROR, on certiorari, to the Justices’ Court of the city of New-Y ark. Kip sued Tuttlei Lane, and Davenport, on a bond taken pursuant to the eighth section of the “ act extending the jurisdiction of justices of the peace,” passed the tenth of April, 1818. (sess 41. ch. 94.) Kip, on the ith of May, 1819, recovered a judgment against T. and L. for fifty-three dollars, before an assistant justice in the city of New-York; and on the 17th of May, 1819, the plaintiffs in error…
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IN ERROR, on certiorari, to the Justices’ Court of the city of New-Y ark. Kip sued Tuttlei Lane, and Davenport, on a bond taken pursuant to the eighth section of the “ act extending the jurisdiction of justices of the peace,” passed the tenth of April, 1818. (sess 41. ch. 94.) Kip, on the ith of May, 1819, recovered a judgment against T. and L. for fifty-three dollars, before an assistant justice in the city of New-York; and on the 17th of May, 1819, the plaintiffs in error executed the bond, conditioned, that if T. and L. should pay the amount of the judgment, within three months from the…
1Per curiam
This case depends on the construction which is to be given to the eighth section of the act to extend the jurisdiction of justices of the peace, (sess. 41. ch. 94.) by which it is enacted, “ that no execution shall issue on any judgment given by virtue of this act, unless by consent of the parties, in less time than three calendar months from the time of entering the same; provided, the defendant shall give a bond with security, to be approved of by the justice before whom such judgment shall be obtained, for the payment of the debt and costs, at the expiration of the said three months, or…
2Cited by3 opinions
- Toles v. . AdeeNew York Court of Appeals · 1881
- Whitney v. SpencerNew York Supreme Court · 1825
- Row v. PulverNew York Supreme Court · 1823