Hunt v. Grant & Trowbridge
New York Supreme Court
On the 24th March, 1836, the plaintiff, by virtue of a bond and warrant of attorney, perfected a judgment against the defendants for $30,000 of debt, besides costs. The judgment record and other papers were filed in the office of the clerk of this court at Utica, and the judgment was docketed on the same day; but by mistake „of the clerk, only $3,000 was entered in the docket as the amount of the debt recovered.
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On the 24th March, 1836, the plaintiff, by virtue of a bond and warrant of attorney, perfected a judgment against the defendants for $30,000 of debt, besides costs. The judgment record and other papers were filed in the office of the clerk of this court at Utica, and the judgment was docketed on the same day; but by mistake „of the clerk, only $3,000 was entered in the docket as the amount of the debt recovered. Since this judgment was entered, other persons and corporations, to the number of thirty-two, have recovered judgments against one or both of the defendants. On discovering the…
1Opinion of the Court
By the Court,
Bronson, J.
The plaintiff, in perfecting his judgment, did every thing which was necessary on his part to obtain a valid lien on the real estate of the defendants to the amount of $30,000; but through the error of one of the officers of the court the judgment has been dock*91eted for only $3,000. As against those judgment creditors who have been served with notice and. have neglected to appear, the plaintiff is entitled to take his motion by default. The defendants have consented to this proceeding; but had it been otherwise, it would have been almost a matter of course to grant the…
2Cases cited1 opinion
- Seaman v. DrakeNew York Supreme Court · 1803
3Cited by11 opinions
- Sears v. . BurnhamNew York Court of Appeals · 1858
- Drake v. HarrisonWisconsin Supreme Court · 1887
- Studwell v. CookeSupreme Court of Connecticut · 1871
- Hull v. PetersNew York Supreme Court · 1849
- Blossom v. BarryNew York Supreme Court · 1869
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