Van Vleck v. Burroughs
New York Supreme Court
In Equity. On the 16th of November, 1835, Horatio W. Orcott recovered a judgment before John Dewey, Esq. a justice of the peace of Greene county, against William Burroughs, for damages and costs $25,20, and on the same day Orcott assigned the judgment to John Van Vleck, Esq.
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In Equity. On the 16th of November, 1835, Horatio W. Orcott recovered a judgment before John Dewey, Esq. a justice of the peace of Greene county, against William Burroughs, for damages and costs $25,20, and on the same day Orcott assigned the judgment to John Van Vleck, Esq. On the 24th of the same month, an affidavit was made and bond executed in behalf of Burroughs, and a certiorari allowed, for the purpose of removing that judgment to the court of common pleas of Greene county. On the 29th of November, 1835, William Burroughs died. The certiorari and accompanying papers were served on the…
1Opinion of the Court
By the Court, Parker, J.
The question whether the surrogate’s court was a proper tribunal to try the validity of the appellant’s claim, was not raised before the surrogate, nor on the hearing of the appeal ■ before the court. I shall not, therefore, express any opinion upon that question, but considering the parties as having agreed in regard to it, shall proceed to examine the case upon the merits.
It is first objected by the respondents that the justice had no jurisdiction of the subject matter of the suit brought by Orcott against Burroughs, and that therefore the judgment was void. That…
2Cases cited3 opinions
- Tompkins v. SandsNew York Supreme Court · 1832
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
- Halliday v. McDougallCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by5 opinions
- Duff v. DuffCalifornia Supreme Court · 1886
- In re the judicial settlement of the account of ClaytonNew York Surrogate's Court · 1889
- Thornton v. GrangeNew York Supreme Court · 1873
- Allen v. AllenNew York Supreme Court · 1880
- Clock v. ChadeagneNew York Supreme Court · 1877