Allen v. Cook
New York Supreme Court
CASE raider section 372 of the code of procedure, submitting to the court a controversy between the parties, with respect to the liability of real estate of the plaintiff to the lien of a judgment of the defendant against one Almon D. Packard, the plaintiff’s grantor.
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CASE raider section 372 of the code of procedure, submitting to the court a controversy between the parties, with respect to the liability of real estate of the plaintiff to the lien of a judgment of the defendant against one Almon D. Packard, the plaintiff’s grantor. On the 3d day of December, 1856, W. W. Cook, the defendant herein, recovered judgment against one Almon D. Packard, for §84.50, on a debt contracted subsequent to September, 1853, in the supreme court, which judgment was duly docketed, and the roll thereof filed in the clerk’s office of Saratoga county, on said day, which…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
This is the first time, to my knowledge, that the question presented in this case has arisen in the courts of this state. We are now called upon to put a judicial construction upon a statute which, like many others, contains provisions in derogation of the common law, and which the defendant's counsel contends is, like them, to be strictly complied with in its several provisions.
It is unnecessary to refer to the condition of things which existed at the time when the rule was originated by Lord Ooke, when he said, “ The wisdom of the judges and sages of the law…
2Cases cited4 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Woodward v. MurrayNew York Supreme Court · 1820
- Bowne v. WittNew York Supreme Court · 1838
- Rue v. AlterNew York Supreme Court · 1847
3Cited by4 opinions
- Norris v. KiddSupreme Court of Arkansas · 1873
- Sparks v. BrownMissouri Court of Appeals · 1891
- Beecher v. BarberNew York Surrogate's Court · 1888
- In re the Judicial Settlement of the Accounts of BarberNew York Surrogate's Court · 1888