Dieffenbach v. . Roch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 18, 1885, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. This action was barred by the statute of limitations.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 18, 1885, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. This action was barred by the statute of limitations. (Code of Civil Pro. § 382, subd. 7; 2 R. S. 295, § 18, subd. 2; Bliss Code, notes to § 382.) The judgment in question was “ rendered ” by a justice of the peace, notwithstanding that it was siibsequently docketed in…
1Opinion of the CourtEarl, J.
Early in February, 1885, the plaintiff held against the defendant a judgment for $221.79, recovered in a Justice’s Court on the 27th day of May, 1875; and later in the same month the defendant recovered a judgment against the plaintiff, in the Supreme Court, for $913.09. A transcript of plaintiff’s judgment was filed in the office of the clerk of the county of Bungs on the 2d day of June, 1875, and the judgment was docketed in that office on that day. The plaintiff commenced this action on the 28th day of February, 1885, to procure an adjudication that his judgment be set off against that of…
2Cited by45 opinions
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- Voccola v. ShillingNew York Supreme Court · 1976
- Quackenbush v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1937
- Townsend v. TolhurstNew York Supreme Court · 1890
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