Warren v. Garlipp

The action is to recover a sum of money allowed as costs and disbursements in a final order made in a habeas corpus proceeding under section 70 of the Domestic Relations Law and entered May 23, 1912, in the Erie county clerk’s office. The order was never docketed as a judgment. The answer sets up the ten-year Statute of Limitations as a defense. Upon plaintiff’s motion for summary judgment, the answer was stricken out and judgment directed for plaintiff. The court at Special Term held in substance that the final order.in question was either a judgment or a decree for a sum of money or…