Willink & Willink v. Renwick & Renwick
New York Supreme Court
The plaintiffs recovered a judgment against the defendants which was docketed May 7, 1819. They sued out a scire facias to revive the judgment, returnable at January term, 1839. The defendant, James Renwick, appeared and pleaded that the plaintiff, John A. Willink, before the scire facias issued, was discharged under the act to abolish imprisonment for debt in certain cases, and on that occasion assigned all his estate to certain assignees, who, it was insisted, should have…
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The plaintiffs recovered a judgment against the defendants which was docketed May 7, 1819. They sued out a scire facias to revive the judgment, returnable at January term, 1839. The defendant, James Renwick, appeared and pleaded that the plaintiff, John A. Willink, before the scire facias issued, was discharged under the act to abolish imprisonment for debt in certain cases, and on that occasion assigned all his estate to certain assignees, who, it was insisted, should have been parties to the scire facias, instead of John A. Willink. The plaintiffs demurred to the plea. The demurrer wras…
1Opinion of the Court
By the Court,
Bronson, J.
When a favor is granted to a party on condition, as leave to amend on payment of costs, or the like, he must at his peril, take notice of the order of the court, without waiting to be served with a copy of the rule, and must comply with the terms within the proper time, or he will lose the benefit of the rule. The case of Jackson v. Wilson, 9 Johns. R. 265, on which the plaintiffs rely, does not lay dctwn a different doctrine. The offer to amend and pay cost came too late. The judgment was regular.
*610Under ordinary circumstances the plaintiffs might still be relieved on…
2Cases cited2 opinions
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Commission Co. v. RussNew York Supreme Court · 1828
3Cited by6 opinions
- Final v. BackusMichigan Supreme Court · 1869
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Gersman v. LevyAppellate Terms of the Supreme Court of New York · 1908
- Lake v. Morse ex rel. FordhamIllinois Supreme Court · 1850
- Billings v. BakerNew York Supreme Court · 1858
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