Wegman v. . Childs
New York Court of Appeals
Appeal from an order of the General Term of the seventh judicial district, reversing a judgment for the plaintiff, entered upon the report of Addison Gardiner, referee. The action was brought by the plaintiff, as receiver of Bufus Childs, to set aside a transfer from him to Gilbert C. Childs as fraudulent. • On the 28th of September, 1846, one Horatio Davis recovered judgment against the said Childs, in the Court of Common Pleas of Monroe county, for $50.27 and costs.
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Appeal from an order of the General Term of the seventh judicial district, reversing a judgment for the plaintiff, entered upon the report of Addison Gardiner, referee. The action was brought by the plaintiff, as receiver of Bufus Childs, to set aside a transfer from him to Gilbert C. Childs as fraudulent. • On the 28th of September, 1846, one Horatio Davis recovered judgment against the said Childs, in the Court of Common Pleas of Monroe county, for $50.27 and costs. On the 16th of February, 1860, Davis applied to the Supreme Court, for leave to issue execution upon the judgment. Leave was…
1Opinion of the CourtMason, J.
The question presented for adjudication in this case is, whether the Supreme Court, under the Constitution of 1846, has jurisdiction to award an execution upon a judg ment entered in the Court of Common Pleas before the adoption of the Constitution, where such judgment was rendered in a suit originally commenced in that court. It is provided by the fifth section of article fourteen of the constitution that jurisdiction of all suits and proceedings pending in the Supreme Court and Court of Chancery, and all suits and proceedings originally commenced and pending in the Court of Common Pleas…
2Cited by36 opinions
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- Wright v. . NostrandNew York Court of Appeals · 1883
- Sweetser v. FoxUtah Supreme Court · 1913
- People ex rel. Rayland Realty Co. v. FaganAppellate Division of the Supreme Court of the State of New York · 1920
- Porter v. . KingsburyNew York Court of Appeals · 1879
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