Jackson ex dem. Anderson v. Anderson
New York Supreme Court
This was an action of ejectment tried at the Erie circuit in September, 1828, before the Hon. John Birdsall,. then one of the circuit judges. Samuel Anderson was the owner of a lot of land of 146 acres in the town of Clarence.
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This was an action of ejectment tried at the Erie circuit in September, 1828, before the Hon. John Birdsall,. then one of the circuit judges. Samuel Anderson was the owner of a lot of land of 146 acres in the town of Clarence. On the 2d January, 1819, being indebted to Daniel Anderson, he executed to him a bond in the penal sum of $3000, conditioned for the payment of $1500, accompanied by a warrant of attorney, authorizing the confession of a judgment; by virtue of which a judgment was entered on the 12th January, 1819, and on the 28th of the same month a fieri facias was issued on the…
1Opinion of the Court
By the Court,
Sutherland, J.
The execution in favor of Daniel against Samuel Anderson, which was objected to by the defendant, corresponded with the judgment in all respects except the amount of the costs. The costs in the judgment were $14,44, and in the execution they were stated at $17,75. The judgment was entered up, upon bond and warrant of attorney, and the variance was occasioned undoubtedly by the costs of the defendant having been added to the plaintiff’s cost- and inserted in the execution, whereas the direction t<5 collect them should only have been endorsed on the back of'the writ.…
2Cases cited1 opinion
- Roberts & Boyd v. AndersonNew York Court of Chancery · 1818
3Cited by56 opinions
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Fenno v. SayreSupreme Court of Alabama · 1842
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Splahn v. GillespieIndiana Supreme Court · 1874
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
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