United States v. Hanford & Ely
New York Supreme Court
A JUDGMENT was docketted in the first cause, on the 26th of November, 1817, and m the second cause, on the 28th of May, 1817, and executions issued in January, 1818. Upon the application of the defendants, the executions were withdrawn, and the attorney for the plaintiffs consented to receive certain securities, and apply the proceeds, as collected, to certain other bonds, in his hands, and the above judgments.
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A JUDGMENT was docketted in the first cause, on the 26th of November, 1817, and m the second cause, on the 28th of May, 1817, and executions issued in January, 1818. Upon the application of the defendants, the executions were withdrawn, and the attorney for the plaintiffs consented to receive certain securities, and apply the proceeds, as collected, to certain other bonds, in his hands, and the above judgments. The amount collected not being sufficient to ^ ° e ° 'satisfy the bonds and judgments, the attorney of the plain,.rr ,, , ,, , . ... . J , r tms called on the defendants to adjust and…
1Per curiam
The plaintiffs may amend their writs. Where the execution is delayed for a year, at fh’e request, *174and for the benefit, of the defendant, the reason of the rule requiring a scire facias does not apply. In Mitchell v. Cue, (2 Burr. 660.) the court of K. B. said, that the rule as to reviving a judgment above a year old, was to, prevent surprise on the defendant $ and that where he himself had, by injunction, and other methods, tried to delay the plaintiff he ought not to be allowed to take advantage of it, to the prejudice of the plaintiff. Here the circumstances are equally strong for creating…
2Cited by11 opinions
- Wakefield v. BrownSupreme Court of Minnesota · 1888
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Tredway v. McDonaldSupreme Court of Iowa · 1879
- Blunt v. GreenwoodNew York Supreme Court · 1823
- Cabell v. Orient InsuranceCourt of Appeals of Texas · 1900
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