Peebles v. Kittle
New York Supreme Court
THIS was an action of 'debt. The plaintiff declared 011 two judgments, one rendered in this court,- and the other in the court of Common Pleas of Washington comity.
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THIS was an action of 'debt. The plaintiff declared 011 two judgments, one rendered in this court,- and the other in the court of Common Pleas of Washington comity. The defendant -pleaded nul tiel record to the first C0lint, on the judgment in this court, and to the second . ■ count, that he was in prison on an execution against hia body,.sued out of the court ,of Common Pleas in Washington county; and thal on the 3d day of September, 1814, at a court of common pleas held at Salem, in and for the COünfy of Washington he was, in due manner, and by J ° ' .• force of, and according to the form…
1Opinion of the CourtSpenceii, J.
delivered the opinion of the court.-
The only questions presented for consideration áre'.; Whether the discharge from imprisonment is well pleaded,- and whether it forms a bar to the plaintiff’s recovery.As to the form of pleading, the decision in Service vv *365Ueermance* establishes the point, that it is sufficient, in setting forth the proceedings of an inferior court, after giving to it jurisdiction, to say taliter procession fuit, such an act was done by the court. The authorities cited in case, and particularly the case of Landbroke v. James,† fully show that the point is considered at rest…
2Cases cited1 opinion
- Roosevelt v. KelloggNew York Supreme Court · 1822
3Cited by12 opinions
- Adams v. RiversNew York Supreme Court · 1851
- Dyett v. . HymanNew York Court of Appeals · 1891
- John P. Van Ness, and Marcla His Wife v. The Mayor, Aldermen, and Board of Common Council of the City of Washington, and the United States of AmericaSupreme Court of the United States · 1830
- Gray v. McNealSupreme Court of Georgia · 1853
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
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