Simonton v. Barrell
New York Supreme Court
■ Error from the superior court of the city of New York. Barrell sued Simonton and declared in debt on a judgment rendered in his favpr against the defendant in a circuit court of the district of Columbia, held for. the comity of Washington. The defendant pleaded nul tiel record,'nil debet and payment. Issues being joined, the cause was brought to trial, when the plaintiff produded an éxemplification of- the record of judgment and rested.
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■ Error from the superior court of the city of New York. Barrell sued Simonton and declared in debt on a judgment rendered in his favpr against the defendant in a circuit court of the district of Columbia, held for. the comity of Washington. The defendant pleaded nul tiel record,'nil debet and payment. Issues being joined, the cause was brought to trial, when the plaintiff produded an éxemplification of- the record of judgment and rested. The defendant produced another copy of the same record, with entries upon it, suhse-'" quent to the judgment, by which it appeared that the defendant had…
1Opinion of the Court
By the Court,
Cowen, J.
There is no doubt that, at common law, the judgment would have been extinguished by the consent of the plaintiff, on whatever terms, to discharge the defendant from this arrest. But it is equally well settled that the attorney for the plaintiff* has no power to allow a discharge in virtue of his general authority, without the actual payment of the money. Kellogg v. Gilbert, 10 Johns. R. 220. In the case before us, so far from any special authority in the attorney being shown, the record shows affirmatively that he had none; and that part of the record too was given in…
2Cited by17 opinions
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- Foster v. WileyMichigan Supreme Court · 1873
- Eaton v. KnowlesMichigan Supreme Court · 1886
- Durant v. Supervisors of AlbanyNew York Supreme Court · 1841
- Hahn v. LokerMassachusetts Supreme Judicial Court · 1918
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