Raphael v. Mencke
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Abraham Raphael against Abraham Mencke and others. Prom an order granting a motion for leave to issue execution on a judgment, defendant Mencke appeals. Affirmed. The judgment was recovered in the district court of the city of New York upon the 21st of March, 1887. No execution was ever issued upon it.
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Appeal from special term. Action by Abraham Raphael against Abraham Mencke and others. Prom an order granting a motion for leave to issue execution on a judgment, defendant Mencke appeals. Affirmed. The judgment was recovered in the district court of the city of New York upon the 21st of March, 1887. No execution was ever issued upon it. The judgment was docketed in the office of the county clerk of New York county on the 4th of June, 1892. Thereupon the plaintiff moved for leave to issue execution upon the judgment, under section 1377 of the Code of Civil Procedure. The motion was granted.
1Opinion of the CourtBarrett, J.
The weight of authority favors the conclusion that, although, prior to the act of 1894 (chapter 307), an action upon a justice’s judgment could not be commenced after the expiration of six years from its rendition (Dieffenbach v. Roch, 112 N. Y. 621, 20 N. E. 560), yet, upon the filing with the county clerk, within that period, of a transcript of such judgment, it might be enforced by execution (Waltermire v. Westover, 14 N. Y. 16; Kincaid v. Richardson, 9 Abb.N. C. 315; Townsend v. Tolhurst, 57 Hun, 40,10 N. Y. Supp. 378; Bolt v. Hauser, 57 Hun, 567,11 N. Y. Supp. 366, 368; Green v. Hauser…
2Cases cited11 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Townsend v. TolhurstNew York Supreme Court · 1890
- Herder v. CollyerNew York Court of Common Pleas · 1889
- Herrman v. StalpNew York Court of Common Pleas · 1889
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3Cited by2 opinions
- Bowman v. HolmanOregon Supreme Court · 1909
- Warner v. BartleAppellate Division of the Supreme Court of the State of New York · 1899