Neele v. Berryhill
New York Supreme Court
—Before Welles, Justice. On the 4th day of December, 1848, a written statement, duly verified, was filed with the clerk of Ontario county, for the purpose of having a judgment entered by confession, without action in the first above entitled cause, for the sum of $204.25, pursuant to ch. 3, of title 12 of part 2, of the Code of Procedure.
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—Before Welles, Justice. On the 4th day of December, 1848, a written statement, duly verified, was filed with the clerk of Ontario county, for the purpose of having a judgment entered by confession, without action in the first above entitled cause, for the sum of $204.25, pursuant to ch. 3, of title 12 of part 2, of the Code of Procedure. Upon receiving and filing the statement, the clerk entered in the judgment book a judgment of the Supreme Court for the amount confessed, with $5.00 costs; but omitted to endorse the same upon the statement as directed by § 337. On the 12th day of December,…
1Opinion of the Court
Welles, Justice.
If it were not for the fact that the plaintiff’s attorney in the first two causes directed the entry of the second judgments in those causes, on the 26th of January, I should have no difficulty in disposing of this application. The plaintiff’s attorney had done all in his power, and all the law required of him, when he left the statements with the clerk to be filed. It was then the duty of the clerk to endorse upon upon them, and enter in the judgment book, judgments of the Supreme Court for the amount confessed, with five dollars costs in each case. The statements and…
2Cited by3 opinions
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- Talcott v. RosenbergNew York Court of Common Pleas · 1870