Payne v. Sheldon
New York Supreme Court
DEMURRER by the defendant, Wm. P. Sheldon, to thé plaintiff’s complaint. The same was sustained at special term, and from the order there made, the plaintiff appealed. The case, as presented by the plaintiff’s complaint, is fully stated in the opinion of the court.
1Opinion of the Court
By the Court, Barker J.
It is alleged in the complaint, that in November, 1856, the plaintiff recovered a judgment in this court, against the defendant Sheldon, for $740, and the judgment roll was filed and judgment docketed in Ontario county clerk’s office. There is no allegation that execution was ever issued on this judgment.. The complaint also alleges, that in February, 1860, another judgment, in this court, was rendered against the defendant Sheldon,.in favor of the plaintiff, for $234, and the judgment roll filed and judgment docketed in the *171same clerk’s office. That an execution was…
2Cases cited7 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Clarkson v. De PeysterNew York Court of Chancery · 1831
- Crippen v. . HudsonNew York Court of Appeals · 1855
- Wilson v. ForsythNew York Supreme Court · 1857
- Shaw v. . DwightNew York Court of Appeals · 1863
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3Cited by9 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Allen v. TritchSupreme Court of Colorado · 1880
- Enright v. GrantUtah Supreme Court · 1887
- Ryan v. SpiethMontana Supreme Court · 1896
- Minkler v. United States Sheep Co.North Dakota Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.