Stone v. Williams
New York Supreme Court
ACTION of debt upon three judgments entered upon confession of the defendants, before a justice of the peace, for $243.58, $190.47 and $190.47, respectively. The confessions were in writing, signed in the presence of the justice, in the town of his residence, 3 or 4 miles from his dwelling-house, and at the house of the defendants.
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ACTION of debt upon three judgments entered upon confession of the defendants, before a justice of the peace, for $243.58, $190.47 and $190.47, respectively. The confessions were in writing, signed in the presence of the justice, in the town of his residence, 3 or 4 miles from his dwelling-house, and at the house of the defendants. They were signed on the same occasion, and the names of both defendants signed to two of the confessions by one of the defendants, in the absence of the other. The latter came in and ratified the signing of his name to the two confessions ; and both defendants…
1Opinion of the Court
By the Court, Allen, J.
The docket of the justice did not show the facts necessary to his jurisdiction. It merely stated the names of the parties plaintiff and defendant, the fact of the rendition of the judgment, and its date, with the amount of damages and costs, severally, and the sum total of the judgments. But the statutory requirements'in relation to the entries in the docket are merely directory, and a noncompliance with them does not vitiate the judgment; and the jurisdictional and other facts may be proved aliunde. (Barnes v. Harris, 4 Comst. 385, per Bronson, J. and cases cited.…
2Cases cited3 opinions
- Tenny v. Filer.New York Supreme Court · 1832
- Griffin v. MitchellNew York Supreme Court · 1824
- Humphrey v. PersonsNew York Supreme Court · 1857
3Cited by1 opinion
- Thorp v. PlattSupreme Court of Iowa · 1872