Carshore v. Huyck
New York Supreme Court
This was an action of debt, tried at the Columbia circuit in December, 1848, before Justice Harris. The declaration was upon a judgment in favor of the plaintiff against the defendant, rendered by John Yan Burén, Esq. a justice of the peace of the town of Chatham, on the 12th day of August, 1840, for $100,47. This suit was commenced on the 23d of November, 1847. The defendant pleaded 1. Nul tiel record, and 2. Actio non accrevit, Upon the trial, the plaintiff’s counsel, to…
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This was an action of debt, tried at the Columbia circuit in December, 1848, before Justice Harris. The declaration was upon a judgment in favor of the plaintiff against the defendant, rendered by John Yan Burén, Esq. a justice of the peace of the town of Chatham, on the 12th day of August, 1840, for $100,47. This suit was commenced on the 23d of November, 1847. The defendant pleaded 1. Nul tiel record, and 2. Actio non accrevit, Upon the trial, the plaintiff’s counsel, to prove the judgment, offered in evidence the justice’s docket. It was admitted that the justice who rendered the judgment…
1Opinion of the Court
By the Court, Harris, J.
The statute requiring a justice, when removing from the town in which he was elected, to deposit his docket book with the town clerk, is merely directory. His omission to comply with this requirement could not operate to the prejudice of a party having no control over him. The justice’s docket was therefore properly received.
The principal, and I think the only question in this case, is whether, after a justice’s judgment has become barred by the statute of limitations, it will be so revived by a new promise of payment, as that an action of debt may be maintained upon…
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