Graham v. Scripture
New York Supreme Court
Appeal from judgment rendered at special term, on-demurrer to the complaint. This action was brought upon a judgment alleged to have been recovered against the defendant, in the old court of common pleas of St. Lawrence county, in 1844. The action was brought pursuant to section 71 of the Code, which provides : “ No action shall be brought upon a judgment rendered in any court of this state, without leave of the court, for good cause shown, on notice to the adverse party,…
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Appeal from judgment rendered at special term, on-demurrer to the complaint. This action was brought upon a judgment alleged to have been recovered against the defendant, in the old court of common pleas of St. Lawrence county, in 1844. The action was brought pursuant to section 71 of the Code, which provides : “ No action shall be brought upon a judgment rendered in any court of this state, without leave of the court, for good cause shown, on notice to the adverse party, &c.” The complaint shows that the plaintiff obtained an order of the county court of St. Lawrence county, granting him…
1Opinion of the Court
By the court, Bockes, Justice.
The action is on a judgment rendered by the court of common pleas in 1844. The complaint alleges the recovery of the judgment, and that the same, has not been paid ; and further, that the county court of St. Lawrence county granted leave to the plaintiff to sue the judgment. The defendant demurred to the complaint, assigning as cause of demurrer that it did not state facts sufficient to constitute a cause of action.
The point of demurrer is, that the county court had no authority to grant the order giving permission to the plaintiff to bring the action on the…
2Cases cited1 opinion
- Ward v. PeckSupreme Court of the United States · 1856
3Cited by3 opinions
- Rosenstock v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Bach v. BrownUtah Supreme Court · 1898
- Wolfe v. BellizziNew York Supreme Court · 1969