People ex rel. Debennetti v. Clerk of Marine Court
New York Court of Appeals
On the relation of John B. Debennetti, that on December 5, 1855, judgment was rendered in his favor by one of the justices of the marine court, against Herman Manchin and others, from which no appeal was taken to the general term of this court; nor were the proceedings stayed by order of the court; that upon application to Moses D. Gale, an execution upon said judgment was refused, and an order that execution issued was also refused by the general term; — an order was issue…
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On the relation of John B. Debennetti, that on December 5, 1855, judgment was rendered in his favor by one of the justices of the marine court, against Herman Manchin and others, from which no appeal was taken to the general term of this court; nor were the proceedings stayed by order of the court; that upon application to Moses D. Gale, an execution upon said judgment was refused, and an order that execution issued was also refused by the general term; — an order was issue by the supreme court requiring said Gale to show cause why a mandamus should not issue compelling the issuance of the…
1Opinion of the Court
By the Court.
Mitchell, J.
The relator commenced an *494action, in the marine court of the city of New York, against Manchin and others, and on December 5, 1855, obtained judgment on a trial before a single justice and a jury, for two hundred and fifty dollars. On the eighth of the same month, the defendant in that action appealed to the common pleas of New York, where the judgment of the j ustice was reversed, the relator appearing in that court and making no' objection to i ts want of jurisdiction, but contesting the matter on its merits. Judgment on this reversal was entered in the common pleas…
2Cases cited4 opinions
- Hannan v. OsbornNew York Court of Chancery · 1834
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- Hull v. SupervisorsNew York Supreme Court · 1821
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
3Cited by3 opinions
- Roberts v. . DonnellNew York Court of Appeals · 1865
- Burk v. AyersNew York Supreme Court · 1879
- Newhall v. AppletonThe Superior Court of New York City · 1880