Kincaid v. Richardson
Oneida County Court
Motion in the Oneida county court by George Kincaid against James B. Richardson, for leave to issue execution.
1Opinion of the CourtSutton, J.
This is a motion • for leave to issue execution upon a judgment. On July 17, 1865, plaintiff recovered a judgment in his favor against defendant, before D. G-illmore, a justice of the peace in said county, for the sum of $92.66. On January 29, 1866, a transcript thereof was filed and judgment docketed in Oneida county clerk’s office. No execution was ever issued thereon. No part of said judgment has been paid. The proceeding was commenced by the service of an order to show cause, January 8, 1881.
The motion is resisted on the ground, 1st. That, under the Code of Civil Procedure, no provision…
2Cases cited14 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Johnson v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1873
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3Cited by4 opinions
- Raphael v. MenckeAppellate Division of the Supreme Court of the State of New York · 1898
- Hulbert v. ClarkNew York Supreme Court · 1890
- Bolt v. Hauser, New York County Courts1890
- Baldwin v. RobertsNew York Supreme Court · 1883