Miller v. Smith's Executors
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of debt on a judgment in favor of the testator against Miller, on a bond and warrant of attorney, conditioned for the payment of $826,40. The bond and warrant were executed on the 19th October,.1805, and the judgment entered three days thereafter.
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Error from the supreme court. This was an action of debt on a judgment in favor of the testator against Miller, on a bond and warrant of attorney, conditioned for the payment of $826,40. The bond and warrant were executed on the 19th October,.1805, and the judgment entered three days thereafter. The suit on the judgment was commenced ™ ^anuary termi 1833. The defendant pleaded 1: nil debet ; 2. nul tiel record; and 3. payment to the testator on 1st January, 1806. The plaintiffs replied, denying payment. On the trial of the cause, the plaintiffs produced an exemplification of the judgment, and…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
I think the learned judge who delivered the opinion of the supreme court in this, cause has mistaken the legal operation as well as the intent of the framers of the act of April, 1821, to amend the act concerning judgments and executions. Sess. Laws of 1821, p. 246. Previous to that act, I believe it was the general understanding of the profession in this state, that judgments stood upon the same footing, in respect to the presumption of payment, as bonds and mortgages, covenants for the payment of rents, and other specialties. Such at…
2Cases cited7 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- Boardman v. De ForestSupreme Court of Connecticut · 1823
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3Cited by21 opinions
- Bean v. . TonneleNew York Court of Appeals · 1884
- Daby v. . EricssonNew York Court of Appeals · 1871
- Macaulay v. PalmerNew York Court of Appeals · 1891
- City of St. Louis v. YoungSupreme Court of Missouri · 1911
- Whitehead v. JessupColorado Court of Appeals · 1896
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