Legal Opinion

Becker v. Porter

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 3 opinions

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

  1. Waltermire v. . WestoverNew York Court of Appeals · 1856
  2. Townsend v. TolhurstNew York Supreme Court · 1890
  3. Agar v. CurtissAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Romeo v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 2007
  2. Claim of Warner v. BartleAppellate Division of the Supreme Court of the State of New York · 1899
  3. Warner v. BartleAppellate Division of the Supreme Court of the State of New York · 1899

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