Gray v. Seeber
New York Supreme Court
Appeal from Otsego county court. MartinS. Gray, having procured the assignment of a judgment rendered against James Seeber, in the supreme court, November 17, 1873, commenced this action to recover on said judgment March 4,1887. The defense was that .the action was barred by the statute of limitation. The case was heard by the court without a jury, and, judgment being rendered for plaintiff, defendant appeals. For concurring opinion of Hardin, F. J., see post, 917.
1Opinion of the CourtMartin, J.
The only question involved on this appeal is whether an action upon a judgment for a sum of money, rendered in a court of record, may be maintained if brought within 20 years from the time the party recovering it was entitled to a mandate to enforce it, or whether it must be commenced within 10 years. The appellant contends that section 376 of the Code of Civil Procedure does not prescribe a limitation in actions upon such judgments, and hence the 10-years limitation provided for by section 388 is made applicable to such an action. Section 376 provides that such a judgment is presumed to be…
2Cases cited1 opinion
- Fisher v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by7 opinions
- Brinkman v. CramAppellate Division of the Supreme Court of the State of New York · 1916
- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Final Judicial Settlement of the Account of Proceedings of HainesNew York Surrogate's Court · 1922
- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1901
- Bowman v. HolmanOregon Supreme Court · 1909
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