Herrman v. Stalp
New York Court of Common Pleas
Appeal from special term. Action by John Herrman and Julius Herrman against Theodore Stalp. Plaintiffs appeal from an order denying leave to issue an execution. Code. •Civil Proc. 1ST. Y. § 1377, provides that, after five years from entry of judgment, execution cannot be issued thereon without an order of court, unless an execution has been issued within said five years, and returned unsatisfied, wholly or in part.
1Opinion of the CourtBookstaver, J.
On the 21st July, 1873, the appellants recovered a judgment against the respondent in a district court for $112.65. On the same day they issued an execution on that judgment out of the district court to one of the city marshals, which was duly returned to that court wholly unsatisfied, ■on the 15th August, 1873. On the 20tli of the same month a transcript of the judgment was duly filed, and the judgmentduly docketed in the county clerk’s office; whereupon, under section 3220 of the Code of Civil Procedure, “it is •deemed to be a judgment of this court.” Ho execution was issued on the judgment…
2Cases cited2 opinions
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Lyon v. ManlyNew York Supreme Court · 1859
3Cited by6 opinions
- Sundin v. FrostSupreme Court of Colorado · 1922
- Anderson v. PorterNew York Court of Common Pleas · 1894
- Raphael v. MenckeAppellate Division of the Supreme Court of the State of New York · 1898
- Bolt v. Hauser, New York County Courts1890
- Brown v. Hyman, New York County Courts1894
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