Anderson v. Porter
New York Court of Common Pleas
Action by Charles W. Anderson against George H. Porter. Plaintiff moves for leave to issue execution on a judgment rendered in his favor. Granted.
1Opinion of the CourtPryor, J.
On the 3d of December, 1886, the plaintiff recovered a judgment in a district court of this city, and on the- same day duly filed a transcript in the office of the county clerk. Five years having elapsed since entry of the judgment, the plaintiff applies, under section 1377, subd. 2, Code Civ. Proc., for leave to issue execution upon it; and the motion is resisted on the ground that by section 382, subd. 7, Code Civ. Proc., an action on the judgment is barred by the expiration of six years since its rendition. It is obvious, however, that the enforcement of a judgment by execution is not the…
2Cases cited9 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Johnson v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1873
- Townsend v. TolhurstNew York Supreme Court · 1890
- Herder v. CollyerNew York Court of Common Pleas · 1889
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3Cited by2 opinions
- Raphael v. MenckeAppellate Division of the Supreme Court of the State of New York · 1898
- Raphael v. MenckeAppellate Division of the Supreme Court of the State of New York · 1898