Brewerton v. Harris
New York Supreme Court
FROM the affidavits in this case it appeared that William Brewerton, in 1799, recovered judgment in the court-of common pleas for the county of Washington, against Moses Harris and Moses Harris, jun. on which judgment a capias ad satisfaciendum issued, on which the defendants were taken in execution and paid the amount, being the sum of eighty dollars.
Read the full summary
FROM the affidavits in this case it appeared that William Brewerton, in 1799, recovered judgment in the court-of common pleas for the county of Washington, against Moses Harris and Moses Harris, jun. on which judgment a capias ad satisfaciendum issued, on which the defendants were taken in execution and paid the amount, being the sum of eighty dollars. Error was brought on that judgment into this court, and the judgment was reversed and a restitution of the money, paid by the defendants below,was awarded. On the judgment of reversal in this court, a capias ad. satisfaciendum was issued-…
1Per curiam
The court of Common Pleas has power to set off these judgments, arid they would, we have no doubt, make the deduction, on application to them for that purpose. For this court to order Brewerton to deduct-eighty dollars from his last judgment below, and take out execution for eight dollars and forty-five cents only, would be, at least, an inconvenient interference with that judgment. Such an order could be enforced only by attachment. The case in 3 Wilson, 396,* shows that the Common Pleas have the power to make the set off now requested.
Rule refused.
Barker v. Braham.
2Cited by4 opinions
- Dunkin v. VandenberghNew York Court of Chancery · 1829
- Temple & Beaupre v. ScottSupreme Court of Minnesota · 1859
- Shapley v. BellowsSuperior Court of New Hampshire · 1828
- Ross v. HicksNew York Supreme Court · 1851