Legal Opinion

Griswold v. Stewart

New York Supreme Court

Decided May 15, 1825PublishedCited by 11 opinions

On scire facias against Stewart and others, setting forth a judgment of this Court in favor of the plaintiff, against Walton, for $5866 02 debt and costs, on the 29th October 1, 1813; that execution thereof still remained to be-made; that Walton was dead; and commanding the sheriff of Columbia county to warn the heirs and tenants of all the lands in his bailiwick, whereof Walton or any other person or persons, in trust for him, were seised on the 29th of October, 1813, or at…

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On scire facias against Stewart and others, setting forth a judgment of this Court in favor of the plaintiff, against Walton, for $5866 02 debt and costs, on the 29th October 1, 1813; that execution thereof still remained to be-made; that Walton was dead; and commanding the sheriff of Columbia county to warn the heirs and tenants of all the lands in his bailiwick, whereof Walton or any other person or persons, in trust for him, were seised on the 29th of October, 1813, or at any time after, to show cause, &c. why the debt and costs should not be made of those lands and ‘ tenements; _ ,…

1Opinion of the Court

Curia, per

Sutherland, J.

The rule, that records cannot be impeached in pleading, is founded on the consideration, that the regular and orderly way of trying their validity is by writ of error; and that it might lead to great abuse, to permit the solemn judgments of a Court of record to be incidentally called in question in pleading, when a more direct and satisfactory mode of testing their validity exists. (1 Chit. Pl. 354, and the cases there cited. Green v. Ovington, 16 John. 55.)

The reason of the rule shows its limitation. It is confined to parties or privies, who alone can bring error.…

2Cases cited2 opinions

  1. Green & Green v. Ovington & BleeckerNew York Supreme Court · 1819
  2. M'Farland v. IrwinNew York Supreme Court · 1811

3Cited by11 opinions

  1. Bennett v. WilsonCalifornia Supreme Court · 1901
  2. Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
  3. Bullock v. BallewTexas Supreme Court · 1853
  4. Manchester and Hull v. . HerringtonNew York Court of Appeals · 1854
  5. Miller v. ShackelfordSupreme Court of Alabama · 1849

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