Sternbergh v. Schoolcraft
New York Supreme Court
This was a writ of error to the Sohoharie common pleas. On the 25th day of September, 1843, John Schoolcraft, Jun. recovered a judgment against Adam Sternbergh, before John Gebhard, jun. a justice of the peace, for $25,77, damages and costs.
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This was a writ of error to the Sohoharie common pleas. On the 25th day of September, 1843, John Schoolcraft, Jun. recovered a judgment against Adam Sternbergh, before John Gebhard, jun. a justice of the peace, for $25,77, damages and costs. The suit was by summons personally served, and the recovery was upon a promissory note signed by A. Sternbergh for $19,63 and interest, dated Dec. 14, 1839. In July, 1846, Schoolcraft commenced a suit on that judgment, against Sternbergh, before R. Gordon, a justice of the peace of Schoharie county. The cause was defended, and was tried by a jury. The…
1Opinion of the Court
By the Court, Parker, J.
The rule is well settled that no matter of defence which existed anterior to the recovery of the judgment can be pleaded or shown as a defence to an action upon the judgment. (1 Chit. Pl. 485. McFarland v. Irwin, 8 John. 78. Green v. Ovington, 16 Id. 58. Griswold v. Stewart, 4 Cowen 458. Starbuck v. Murray, 5 Wend. 148. 1 Phil. Ev. 317.) The validity of the note on which the judgment before justice Gebhard was recovered, cannot, there-; fore, now be inquired into, if the justice had jurisdiction to render the judgment. And this question of jurisdiction is the only…
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