Merritt v. Judd
New York Court of Common Pleas
Action by Edward A. Merritt against William Judd in a justice court of St. Lawrence county. Plaintiff obtained a judgment, of which a transcript was filed and docketed in the St. Lawrence county clerk’s office. Afterwards a transcript thereof was filed, and docketed in the clerk’s office of the city and county of New York, and an execution was issued thereon, out of the court of common pleas, and was returned unsatisfied.
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Action by Edward A. Merritt against William Judd in a justice court of St. Lawrence county. Plaintiff obtained a judgment, of which a transcript was filed and docketed in the St. Lawrence county clerk’s office. Afterwards a transcript thereof was filed, and docketed in the clerk’s office of the city and county of New York, and an execution was issued thereon, out of the court of common pleas, and was returned unsatisfied. Plaintiff then obtained an order for the examination of defendant in supplementary proceedings, but in his affidavit stated that the execution had issued out of the St.…
1Opinion of the CourtBischoff, J.
These proceedings are fatally detective. The judgment was recovered in a justice’s court of St. Lawrence county. A transcript was docketed in the St. Lawrence county clerk’s office, and the judgment thenceforth became a judgment of the county court of that county. Pursuant to section 3017, an execution upon a judgment so recovered and docketed must *492be issued by tbe county clerk. Here the execution upon the issue and return of which these proceedings are founded was issued out of the-county court of St. Lawrence county. Such execution, being unauthorized, was a nullity, and proceedings for the…
2Cases cited2 opinions
- Muldowney v. CorneyNew York Court of Common Pleas · 1869
- Silverman v. HenantNew York Court of Common Pleas · 1870
3Cited by1 opinion
- Jaques v. WillettNew York City Court · 1907