Townsend v. Tolhurst
New York Supreme Court
Appeal from Niagara county court. Action by Theodore Townsend against Thomas Tolhurst. From an order granted November 23, 1889, permitting plaintiff to cause an execution to be issued, defendant appeals.
1Opinion of the CourtMacomber, J.
The affidavit upon which the order of the county judge was granted shows, without contradiction, that a money judgment was recovered by the plaintiff against the defendant in the court of the justice of the peace on the 23d day of May, 1878, and that on the 23d day of November of that year a transcript thereof was filed with the county clerk of Niagara county, and its judgment duly'docketed; that no execution had been issued upon such judgment, and that no part of the judgment had been paid; and that more than five years had elapsed since the docketing of such judgment. These allegations…
2Cases cited2 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
3Cited by14 opinions
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
- Bolt v. HauserNew York Supreme Court · 1890
- Raphael v. MenckeAppellate Division of the Supreme Court of the State of New York · 1898
- Becker v. PorterAppellate Division of the Supreme Court of the State of New York · 1897
- Bolt v. HauserNew York Supreme Court · 1890
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