Clute v. Clute
New York Supreme Court
Judgment for the plaintiffs by virtue of a bond and warrant of attorney, with a consent that execution might issue immediately, was perfected on the 16th of May last. The bond and warrant were executed, and the papers for the pui’pose of entering the judgment were prepared and the record was signed on the 15th of May.
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Judgment for the plaintiffs by virtue of a bond and warrant of attorney, with a consent that execution might issue immediately, was perfected on the 16th of May last. The bond and warrant were executed, and the papers for the pui’pose of entering the judgment were prepared and the record was signed on the 15th of May. The papers were sent from Schenectzidy to the clerk’s office in Albany by the nine o’clock morning train of cars on the 16th; and should, in the usual course of things, have been received at the clerk’s office by or before noon. But for some reason the judgment was not docketed…
1Opinion of the Court
By the Court, Bronson, Ch. J.
On looking into the papers I am satisfied that at the time the judgment was confessed, and for several days afterwards, the defendant intended to give the plaintiffs a preference over his other creditors. His mind has changed since that time. If the execution stands, the intention of the parties will be carried into effect: if set aside, their intention will be defeated. Although in consequence of some accident the execution was issued too soon by an hour, it was not levied nor was any thing done under it until several hours after the judgment had been perfected.…
2Cited by12 opinions
- Croveno v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1896
- Clute v. CluteNew York Supreme Court · 1847
- Mitchell v. SchoonoverOregon Supreme Court · 1888
- People's Sav. Bank & Trust Co. v. Batchelder Egg Case Co.Court of Appeals for the Eighth Circuit · 1892
- Merriam v. WolcottNew York Supreme Court · 1881
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