Smith v. Mumford
New York Supreme Court
On error from the Monroe C. P. The placita of the record in the C. P. was of the 4th Monday of March, 1837. -Muniford,de,clared pgain^t;Smi|h ¡jp.deljt, for fhat whereas the .plaintiff,.on the 2.8th qf jF^bruary, .1827, before MQse_s1Ch,apin, jEsg.,jone,of fjjje justices .of the.peace of the county of Monroe, at, &c. by the judgment of the said M. C., justice,of the peace as .aforesaid, recovered against .the .said defendant,, as .well a certain debt .of 50 dollars as…
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On error from the Monroe C. P. The placita of the record in the C. P. was of the 4th Monday of March, 1837. -Muniford,de,clared pgain^t;Smi|h ¡jp.deljt, for fhat whereas the .plaintiff,.on the 2.8th qf jF^bruary, .1827, before MQse_s1Ch,apin, jEsg.,jone,of fjjje justices .of the.peace of the county of Monroe, at, &c. by the judgment of the said M. C., justice,of the peace as .aforesaid, recovered against .the .said defendant,, as .well a certain debt .of 50 dollars as also.93 cents,, which, was. adjudgecftobimfoythe said M. C. justice as aforesaid, for the damages .which-he •had sustained, as…
1Opinion of the Court
*30#Phe deritofér'to'thbthirdpléa Wás'wélltálcéh: 'Í3¿; notwj:tjls|an¿ing ^he "súfepMsíoñ"nfUkécatióíí5 in: cteftám ' ca’áes for 90 days, the commencement of an action of debt on the judgment ’does'- not interfere with that prohibition. It is a common law" right to sue on the judgment, which is not negatived by-the statute. •
The case of Hale v. Angel, (20 John. 342,) show's "in’ what light this question is vieWed. ifnder the 11th section' of the'25 dollar act, (1 R. L. 387,) it is "provided that if the' executióh-hé réfúrñéd’ unsatisfied, the party"recovering may bring an action of debt. The…
2Cases cited2 opinions
- Hale v. AngelNew York Supreme Court · 1823
- Fitch v. People, ex Relatione PlattNew York Supreme Court · 1819
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- Citizens' National Bank v. LucasWashington Supreme Court · 1901
- Pitzer v. RusselOregon Supreme Court · 1871
- Hummer v. LamphearSupreme Court of Kansas · 1884
- Burger v. SinclairNorth Dakota Supreme Court · 1913
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