Legal Opinion

Bellinger v. Ford

New York Supreme Court

Decided September 6, 1852PublishedCited by 10 opinions

This was an appeal from the judgment of the St. Lawrence county court, affirming the judgment of a justice’s court. In December, 1843, Anastasia Ford recovered a judgment against the present plaintiff for nearly $70. A transcript thereof was filed with the clerk of St. Lawrence county in April, 1844. In January, 1850, the St. Lawrence county court ordered the clerk of the county to issue execution on the judgment; which was issued in that month.

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This was an appeal from the judgment of the St. Lawrence county court, affirming the judgment of a justice’s court. In December, 1843, Anastasia Ford recovered a judgment against the present plaintiff for nearly $70. A transcript thereof was filed with the clerk of St. Lawrence county in April, 1844. In January, 1850, the St. Lawrence county court ordered the clerk of the county to issue execution on the judgment; which was issued in that month. This order was granted on a notice of a motion therefor, signed by the defendant Wright as “ attorney for plaintiff,” served by leaving the same at…

1Opinion of the Court

By the Court, Hand, J.

In the view I have taken of this case, perhaps the question on the validity of the execution is not so important. I am inclined, however, to think that it was a nullity. The plaintiff had been dead for years, and it did not appear that there was an executor or administrator; or, if there was, that he had any knowledge of this proceeding. Indeed, I have been unable to discover, either from the papers used on the motion, or in the proceedings or evidence in this cause, that the attorney, or the person making the affidavit, or any of the defendants, had any authority or…

2Cases cited1 opinion

  1. Stymets v. BrookNew York Supreme Court · 1833

3Cited by10 opinions

  1. Bellinger v. FordNew York Supreme Court · 1856
  2. Gould v. GlassNew York Supreme Court · 1855
  3. Gould v. GlassNew York Supreme Court · 1855
  4. Becker v. BeckerNew York Supreme Court · 1866
  5. Gigliotti v. JacksinaAppellate Division of the Supreme Court of the State of New York · 1923

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