Belknap v. . Waters
New York Court of Appeals
Motion to dismiss appeal. On the 28th of June, 1852, a judgment for $2373.52 was entered in the supreme court in favor of Belknap against Waters, upon confession, without action. One Carpenter, who had a chattel mortgage upon personal property of Waters, and also a judgment against him in the supreme court, moved that court to set aside the judgment of Belknap, upon the ground of insufficiency in the statement on which the judgment was entered.
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Motion to dismiss appeal. On the 28th of June, 1852, a judgment for $2373.52 was entered in the supreme court in favor of Belknap against Waters, upon confession, without action. One Carpenter, who had a chattel mortgage upon personal property of Waters, and also a judgment against him in the supreme court, moved that court to set aside the judgment of Belknap, upon the ground of insufficiency in the statement on which the judgment was entered. Belknap made at the same time a cross motion, that the statement might be amended without prejudice. The supreme court, at special term, March 6,1854,…
1Opinion of the CourtJohnson, J.
The code of procedure, § 1, declares that remedies in the courts of justice are divided into, 1. Actions; 2. Special proceedings. Sec. 2 declares that “ an action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.” Sec. 3 says that “ every other remedy is a special proceeding.”
The application made by Carpenter to the supreme court was not an action, because although it might be difficult to affirm that it is not an ordinary…
2Cited by8 opinions
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- State ex rel. Ashley v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1935
- Marvin v. . MarvinNew York Court of Appeals · 1879
- People v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1896
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