Ex parte Butler v. Lewis C. P.
New York Supreme Court
Motion for mandamus. The relators applied to the Lewis common pleas to set aside two judgments in favor of J. W. and C. L. Martin, against Walter Martin, junior, entered on confession, by virtue of two bonds and warrants of attorney, on the fifth day of February, 1833. The condition of each bond exceeded $500. The costs were taxed and the records signed by a judge of the common pleas of Lewis county, who was not the first judge of the county, nor a counsellor of the supreme…
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Motion for mandamus. The relators applied to the Lewis common pleas to set aside two judgments in favor of J. W. and C. L. Martin, against Walter Martin, junior, entered on confession, by virtue of two bonds and warrants of attorney, on the fifth day of February, 1833. The condition of each bond exceeded $500. The costs were taxed and the records signed by a judge of the common pleas of Lewis county, who was not the first judge of the county, nor a counsellor of the supreme court, and for this cause the relators, who had obtained a judgment against the same defendant on the sixth day of…
1Opinion of the Court
By the Court,
Nelson, J.
It is enacted by the legislature, that no judgment shall be deemed valid so as to authorize any proceedings thereon, until the record thereof shall have been *542signed and filed. 2 R. S. 360, §11. In all cases in any court of common pleas, in which the total amount of costs to be taxed therein exclusive of disbursements is not limited by law, the costs shall be taxed and the records of judgment shall be signed only by the first judge, or some other judge of the county being of the degree of counsellor, and in case of the absence of the judges so authorized by the clerk of…
2Cited by8 opinions
- Wells v. StoutCalifornia Supreme Court · 1858
- Morris v. . PatchinNew York Court of Appeals · 1862
- Macomber v. Mayor of New YorkThe Superior Court of New York City · 1860
- State v. DonahoeSuperior Court of Delaware · 1903
- Hamilton v. ThomsonCourt of Appeals of Kansas · 1896
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