Legal Opinion

Brownell v. . Parsons

New York Court of Appeals

Decided April 24, 1917PublishedCited by 2 opinions

Appeal from a judgment, entered May 11, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the Erie County Court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment, entered May 11, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the Erie County Court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. This judgment of the Municipal Court of Buffalo upon the filing of a transcript with the clerk of Erie county became a judgment of the County Court, and the action thereon in which the Erie County Court…

1Opinion of the CourtMcLaughlin, J.

On the 11th of July, 1902, the plaintiff recovered against the defendant a judgment in the Municipal Court of the city of Buffalo, a transcript' of which was, on- the 19th of the same month, duly filed in the Erie county clerk’s office. On the 12th of December, 1912—the judgment in the meantime not having been paid — this action was brought in the County Court of Erie county to recover its amount with interest. The defendant interposed an answer, alleging that the plaintiff was not entitled to recover because more than six years had elapsed after the time the alleged cause of action accrued.…

2Cases cited2 opinions

  1. Dieffenbach v. . RochNew York Court of Appeals · 1889
  2. In re MurphyAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by2 opinions

  1. Elizabeth K. Knapp v. Walter P. McFarland Defendant-Appellee-Appellant, Sheriff of the City of New York, Appellant-AppelleeCourt of Appeals for the Second Circuit · 1972
  2. Cruse v. FullerNew York Supreme Court · 1942

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