Becker v. Porter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John W. Porter, from an order of the County Court of Fulton county, entered in the office of the clerk off the/county of Fulton on the 24th day of December; 1896, granting..leaye to the plaintiff to issue an execution, . ... 7 '-0,n the 25th day. of November, 1887,. a judgment was rendered in the: Justices’. Court of the town Of Johnstown,.Fulton county j FL Y.,'. in favor 'of the plaintiff and .against the defendant, for the sum: of §148.60, and…
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Appeal by the defendant, John W. Porter, from an order of the County Court of Fulton county, entered in the office of the clerk off the/county of Fulton on the 24th day of December; 1896, granting..leaye to the plaintiff to issue an execution, . ... 7 '-0,n the 25th day. of November, 1887,. a judgment was rendered in the: Justices’. Court of the town Of Johnstown,.Fulton county j FL Y.,'. in favor 'of the plaintiff and .against the defendant, for the sum: of §148.60, and a'transcript thereof was duly filed and said judgment" docketed in the - clerk’s office on the 25th' day-, of October,…
1Opinion of the Court
Herriok, J.:
- Under - section 1377- of the Code of Civil Procedure, the .court may grant, leave, -to issue, an. execution upon a judgment after the expiration of five years from its rendition.
This appeal must be determined under the provisions of the-Code as they existed prior to the amendments to - sections '382 and' 3017 by chapter. 307 of the Laws of 1894. Under the law as.it. then was^. no action could - be brought upon a judgment of a Justice’s Court after the expiration of six years from its rendition by, the- -justice. (Dieffenbach v. Roch, 112 N. Y. 6.21.)
' The appellant contends that…
2Cases cited3 opinions
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Townsend v. TolhurstNew York Supreme Court · 1890
- Agar v. CurtissAppellate Division of the Supreme Court of the State of New York · 1896
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