Wight v. Alden
New York Supreme Court
This was a motion to set aside, for irregularity, a judgment entered in this court by confession, on bond and warrant of attorney, on the ground that more than a year and a day had elapsed after the date of the warrant of attorney, before the judgment was entered up, and that an order was not previously obtained from a judge at chambers, or from the court authorizing the entering of the judgment.
Read the full summary
This was a motion to set aside, for irregularity, a judgment entered in this court by confession, on bond and warrant of attorney, on the ground that more than a year and a day had elapsed after the date of the warrant of attorney, before the judgment was entered up, and that an order was not previously obtained from a judge at chambers, or from the court authorizing the entering of the judgment. The bond and warrant of attorney were dated March 26th, 1846. The bond was in the penalty of $5440, conditioned for the payment of $2720, and interest. There were several endorsements on the bond,…
1Opinion of the Court
Parker, Justice.
There can be no doubt of the existence of the common law rule, that an ex parte order of a judge at chambers, or of the court, is necessary to authorize the entering up of judgment, where more than a year and a day has elapsed after the date of the warrant of'attorney. To entitle the Plaintiff to such an order, he must prove by affidavit the due execution of the warrant of attorney, that the debt, or some part of it, is still due, and that the parties are alive. After ten years the order can only be made by the court. (Bank v. St. John, 5 Hill, 499 ; Grab. Pr. 774 ; 6 Modern,…
2Cases cited3 opinions
- Close v. GillespeyNew York Supreme Court · 1808
- Fairchild v. SlocumNew York Supreme Court · 1838
- Stone v. MartinNew York Supreme Court · 1846
3Cited by1 opinion
- Halfhill v. MalickWisconsin Supreme Court · 1911