Daniels v. Southard
Appellate Division of the Supreme Court of the State of New York
Appeal from Rensselaer county court. Action by Milo Daniels against Irene F. Southard and another. Appeal from an order granted setting aside a judgment rendered by a justice of the peace, and vacating and canceling, as to the respondent, the transcript and docket of judgment thereon filed, and entered in the county clerk’s office of said county, and vacating and staying execution and all proceedings thereon. 51 N. Y. Supp. 1136. Also appeal from an order granted by the…
Read the full summary
Appeal from Rensselaer county court. Action by Milo Daniels against Irene F. Southard and another. Appeal from an order granted setting aside a judgment rendered by a justice of the peace, and vacating and canceling, as to the respondent, the transcript and docket of judgment thereon filed, and entered in the county clerk’s office of said county, and vacating and staying execution and all proceedings thereon. 51 N. Y. Supp. 1136. Also appeal from an order granted by the county judge of Columbia county, staying proceedings pending the hearing of the motion for the above order. No appeal has…
1Opinion of the CourtParker, P. J.
In Rowe v. Peckham, 30 App. Div. 173, 51 N. Y. Supp. 889, we held that the county court had authority, even though no appeal had been taken, to inquire into the jurisdiction of the justice to enter the judgment upon which the transcript was based; and, if it found that the justice had no jurisdiction, it might lawfully vacate any execution issued out of that court upon a judgment entered upon such transcript, and enjoin all further proceedings thereon. We were not then called upon to decide whether the transcript issued by the justice, and the judgment docketed thereon, could also be vacated…
2Cases cited4 opinions
- Aldinger v. PughNew York Supreme Court · 1890
- Dutton v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Rowe v. PeckhamAppellate Division of the Supreme Court of the State of New York · 1898
- Rowe v. HeiberAppellate Division of the Supreme Court of the State of New York · 1898