Morse v. . Goold
New York Court of Appeals
Appeal from a judgment of the supreme court. The action was trover, for a span of horses, and was commenced in 1845. The defendants pleaded not guilty.
Read the full summary
Appeal from a judgment of the supreme court. The action was trover, for a span of horses, and was commenced in 1845. The defendants pleaded not guilty. The cause was tried before Mr. Justice Mullett, without a jury, in November, 1849. The facts were as follows: On the 13th of December. 1842, the defendants recovered a judgment against the plaintiff, before a justice of the peace, for $44.48. The recovery was on a promissory note, executed by the plaintiff to the defendants on the 28th of November, 1841. On the 20th of April, 1843, the justice issued an execution upon the judgment in the usual…
1Opinion of the CourtDenio, J.
Upon the question whether the execution in this case was legally renewed, two years having elapsed from the time of rendering the judgment at the date of the last renewal, I am of opinion with the defendants. The title of the revised statutes relating to courts held by justices of the peace, vests in such courts all the necessary powers which are possessed by courts of record. (2 R. S. 225, § 1.) This includes the power to issue executions or judgments rendered in those courts. Sections one hundred and forty-four, one hundred and forty-five, one hundred and forty-six, and one hundred and…
2Cases cited10 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Dash v. Van KleeckNew York Supreme Court · 1811
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- United States v. RobesonSupreme Court of the United States · 1835
- Hawkins v. Barney's LesseeSupreme Court of the United States · 1831
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
- Mason v. MessengerSupreme Court of Iowa · 1864
- Gianella v. BigelowWisconsin Supreme Court · 1897
- Taylor v. StockwellIndiana Supreme Court · 1878
29 more not listed; retrieve them via the Exa API.