Bates v. Lyons
New York Court of Chancery
This was a creditor’s bill in the usual form, founded upon a judgment recovered in the superior court of the city of New-York.
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This was a creditor’s bill in the usual form, founded upon a judgment recovered in the superior court of the city of New-York. The defendant pleaded in bar of the suit, that after the return of the execution issued out of that court unsatisfied, the complainant brought a suit against him upon the judgment in the second judicial circuit of the state of Indiana, and recovered a new judgment thereon in the last mentioned court for debt and costs; by means of which recovery, the defendant insisted that the original judgment in the superior court of New-York was annulled or rendered . .…
1Opinion of the Court
The Chancellor.
When the case of Mitchell v. Bunce was before this court, upon an application to discharge a ne exeat, (2 Paige's Rep. 606,) an opinion was intimated that a subsequent recovery of a new judgment in a foreign court, in an action of debt founded upon the judgment here, would have the effect to merge the original judgment in the last recovery. Upon subsequent examination and reflection, however, I am satisfied that intimation was wrong; and that the recovery of a second judgment, which is in its nature no higher security than the first, does not absolutely extinguish the prior…
2Cases cited2 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Doty v. Russell & PearlNew York Supreme Court · 1830
3Cited by9 opinions
- People v. Open Board of Stock Brokers Building Co.New York Court of Appeals · 1883
- Moore v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1935
- Lilly-Brackett Co. v. SonnemannCalifornia Supreme Court · 1912
- Wolford v. ScarbroughMissouri Court of Appeals · 1929
- Grady v. WardNew York Supreme Court · 1855
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