Raphael v. Mencke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Abraham Mencke, from an order of the Supreme Court, made-at the New York Special Term, bearing date the 3d day of February, 1898, and entered in the office of the clerk of the county of New York, granting the plaintiff’s motion for leave to issue execution upon a judgment obtained in the action. The judgment was recovered in the District Court of the city of New York upon the 21st of March, 1887. No execution was ever issued' upon it.
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Appeal by the defendant, Abraham Mencke, from an order of the Supreme Court, made-at the New York Special Term, bearing date the 3d day of February, 1898, and entered in the office of the clerk of the county of New York, granting the plaintiff’s motion for leave to issue execution upon a judgment obtained in the action. The judgment was recovered in the District Court of the city of New York upon the 21st of March, 1887. No execution was ever issued' upon it. The judgment was docketed in the office of the county clerk of New York county on the 4th of June, 1892. Thereafter, in December, 1897,…
1Opinion of the Court
Barrett, J.:
The weight of authority favors the conclusion that, although prior to the act of 1894 (Chap. 307) an action upon a justice’s judgment could not be commenced after the expiration of six years from its rendition (Dieffenbach v. Roch, 112 N. Y. 621), yet, upon the filing with the county clerk, within that period, of a transcript of such judgment, it might after that period be enforced by execution. ( Waltermire v. Westover, 14 N. Y. 16; Kincaid v. Richardson, 9 Abb. N. C. 315; Townsend v. Tolhurst, 57 Hun, 40; Bolt v. Hauser, Id. 567; Green v. Hauser, 31 N. Y. St. Repr. 17 ; Anderson…
2Cases cited8 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Townsend v. TolhurstNew York Supreme Court · 1890
- Herder v. CollyerNew York Court of Common Pleas · 1889
- Kincaid v. RichardsonOneida County Court · 1881
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3Cited by4 opinions
- Bowman v. HolmanOregon Supreme Court · 1909
- Claim of Warner v. BartleAppellate Division of the Supreme Court of the State of New York · 1899
- Scherer v. PfuntnerNew York Supreme Court · 1955
- Warner v. BartleAppellate Division of the Supreme Court of the State of New York · 1899