Fish v. . Emerson
New York Court of Appeals
■Appeal from an order of the Supreme Court, at General Term in the seventh district, reversing an order of the County Court of Monroe county, denying a motion on the part of the defendant to set aside the docket of a judgment in the county clerk’s office, upon a transcript from a justice’s judgment, and the execution and subsequent proceedings thereon, and granting the motion so denied by the County Court.
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■Appeal from an order of the Supreme Court, at General Term in the seventh district, reversing an order of the County Court of Monroe county, denying a motion on the part of the defendant to set aside the docket of a judgment in the county clerk’s office, upon a transcript from a justice’s judgment, and the execution and subsequent proceedings thereon, and granting the motion so denied by the County Court. It appears that the clerk of Monroe county docketed a judgment in his office, on the 8th of August, 1863, for $128.12 debt and costs, from a transcript of a justice of the peace of that…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The act of rendering judgment by the justice is judicial; that of entering it in his docket is ministerial. The judicial functions of the justice are completed when he has rendered his judgment. The duty of rendering judgment where the cause is tried by himself is imperatively to be performed within four days. The duty of entering it in his docket has been held to be directory merely, owing to its ministerial character, and although the time is prescribed by the…
2Cases cited3 opinions
- Sibley v. HowardNew York Supreme Court · 1846
- Watson v. DavisNew York Supreme Court · 1838
- Stephens v. SanteeNew York Supreme Court · 1868
3Cited by32 opinions
- Martin v. PiferIndiana Supreme Court · 1884
- Stephens v. . SanteeNew York Court of Appeals · 1872
- Kimpton v. Jubilee Placer Mining Co.Montana Supreme Court · 1899
- Woodward v. PerkinsMontana Supreme Court · 1946
- Mavity v. EastridgeIndiana Supreme Court · 1879
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