Hartman v. Alden
Supreme Court of New Jersey
Error to the Circuit Court of the county of Essex. On the ,23d of February, 1857, Joseph L. Alden recovered a judgment against John Hartman, in the Circuit Court of the county of Essex, for $499.90' damages, besides costs.' Joseph L. Alden afterwards died, and his widow, as executrix, sued out a scire facias to revive the judgment and to recover the amount due thereon, alleging the same to be unsatisfied.
Read the full summary
Error to the Circuit Court of the county of Essex. On the ,23d of February, 1857, Joseph L. Alden recovered a judgment against John Hartman, in the Circuit Court of the county of Essex, for $499.90' damages, besides costs.' Joseph L. Alden afterwards died, and his widow, as executrix, sued out a scire facias to revive the judgment and to recover the amount due thereon, alleging the same to be unsatisfied. The defendant, Hartman, pleaded to the scire facias that the judgment had been paid and satisfied to the said Alden, in his lifetime. The case was tried at the Essex Circuit in the term of ,…
1Opinion of the CourtWoodhull, J.
This writ of error brings up a judgment rendered in the Circuit Court of the county of Essex on a scire facias, to revive a j udgment recovered in that court on the 23d day of February, 1857, by Joseph L. Alden, the testator of the defendant in error, against the plaintiff in error, for the sum of §439.90 damages, and §27.15 costs.
The defence set up below was, that the judgment sought to be revivetl had been paid by John Hartman, the defendant below, to Joseph L. Alden, in his lifetime.
At the trial, the defendant below not being able to produce any direct evidence in support of his plea of…
2Cases cited2 opinions
- Hoyt v. GilmanMassachusetts Supreme Judicial Court · 1811
- Adams v. WardSupreme Court of Alabama · 1827
3Cited by2 opinions
- Dossett v. GrantDistrict Court of Appeal of Florida · 1960
- First Fidelity Bank v. Southeastern Insurance GroupNew Jersey Superior Court Appellate Division · 1991