Cary v. Clark

New York Court of Chancery

Cary v. Clark

3 Edw. Ch. 274, 1839 N.Y. LEXIS 347, 1839 N.Y. Misc. LEXIS 45

DecidedJanuary 7, 1839

StatusPublished

This text of 3 Edw. Ch. 274 (Cary v. Clark) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cary v. Clark, 3 Edw. Ch. 274, 1839 N.Y. LEXIS 347, 1839 N.Y. Misc. LEXIS 45 (N.Y. 1839).

Pincite

Opinion

The Vice-Chancellor :

I must adhere to the - opinion I have_before expressed that this court will intend the execution was regularly issued, although more than two years have elapsed from the time of rendering the judgment. If the issuing of the execution were not authorized or regular, the defendant should apply to the court of law to set it aside. Until the contrary is shown, and while the execution is suffered to remain as one duly issued and returned, this court will presume it was preceded by a scire facias to warrant it. It is not necessary to state the revival by scire facias in the bill to give this court jurisdiction. Enough appears without such a statement.

Motion denied ; with costs to be taxed.

Free access — add to your briefcase to read the full text and ask questions with AI

The Vice-Chancellor :

I must adhere to the - opinion I have_before expressed that this court will intend the execution was regularly issued, although more than two years have elapsed from the time of rendering the judgment. If the issuing of the execution were not authorized or regular, the defendant should apply to the court of law to set it aside. Until the contrary is shown, and while the execution is suffered to remain as one duly issued and returned, this court will presume it was preceded by a scire facias to warrant it. It is not necessary to state the revival by scire facias in the bill to give this court jurisdiction. Enough appears without such a statement.

Motion denied ; with costs to be taxed.

Cite This Page — Counsel Stack

Bluebook (online)

3 Edw. Ch. 274, 1839 N.Y. LEXIS 347, 1839 N.Y. Misc. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cary-v-clark-nychanct-1839.