Hutchinson v. Brand
New York Supreme Court
This is a civil action, and would have been debt before the Code, on the allegations contairied in the complaint. The cause was tried before me at the late Madison circuit in December 1849, without a jury. The following facts were established by the evidence to wit: that on the 13th day of March 1849, Holmes Hutchinson recovered a judgment in the Supreme Court against Abram Lathrop for $67-77, for costs.
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This is a civil action, and would have been debt before the Code, on the allegations contairied in the complaint. The cause was tried before me at the late Madison circuit in December 1849, without a jury. The following facts were established by the evidence to wit: that on the 13th day of March 1849, Holmes Hutchinson recovered a judgment in the Supreme Court against Abram Lathrop for $67-77, for costs. The record was filed on the 13th day of March aforesaid, and the judgment docketed on the same day. The action was trover for taking and converting a yoke of cattle. On the 26th day of May…
1Opinion of the Court
Mason, Justice.
The execution although in fact issued by the attorney, is supposed to be actually awarded by the court itself on the day of which it is tested, and upon the application of the attorney of the party entitled to it (4 Man. Sr Gra. 136, note “a.” 1 Burr. Pr. 286).
The process then being considered as awarded by the court, and that court being a Superior Court of general jurisdiction, its power to award this process must he presumed till the contrary he shown (Borden vs. Fitch, 15 J. R. 141; Mills vs. Martin, 19 J. R. 33; Adkins vs. Bremer, 3 Cow. 206; Sutton vs. Edgarton, 9 Cow.…
2Cases cited16 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Latham v. EdgertonNew York Supreme Court · 1828
- Adkins v. BrewerNew York Supreme Court · 1824
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3Cited by4 opinions
- Barker v. Cunard S. S. Co.New York Supreme Court · 1895
- Flanders v. BattenNew York Supreme Court · 1889
- Barker v. Cunard Steamship Co.New York Supreme Court · 1895
- Hutchinson v. BrandNew York Court of Appeals · 1853