Degear v. Nellis

New York Supreme Court

Degear v. Nellis

14 Johns. 382

DecidedOctober 15, 1817

StatusPublished

This text of 14 Johns. 382 (Degear v. Nellis) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Degear v. Nellis, 14 Johns. 382 (N.Y. Super. Ct. 1817).

Pincite

Opinion

Per Curiam.

There are no grounds whatever for reversing this judgment. The parties agreed, that the balance due the plaintiff should he calculated by a third person, and the justice, by their order, and with their consent, entered judgment for the amount. This was, therefore, a confession of judgment in open court: and after it had been entered, the defendant below proof of his having a family, and not being a freeholder, to obtain an exemption from imprisonment, according to the of the lltli section of the act, (1M. R. L. 393.) and this proof was rejected by the justice as coming ido late. In this the justice was'correct. The act declares, that if the defendant shall, on the hearing of the cause, prove to the satisfaction of the justice, &c. he shall be entitled to the exemption. The hearing of a cause must he considered as at an end when is rendered. It ought to he upon the hearing, for the might, and probably ought, to hear evidence offered on the other side, showing the allegation to he untrue.

Judgment affirmed#

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Per Curiam.

There are no grounds whatever for reversing this judgment. The parties agreed, that the balance due the plaintiff should he calculated by a third person, and the justice, by their order, and with their consent, entered judgment for the amount. This was, therefore, a confession of judgment in open court: and after it had been entered, the defendant below proof of his having a family, and not being a freeholder, to obtain an exemption from imprisonment, according to the of the lltli section of the act, (1M. R. L. 393.) and this proof was rejected by the justice as coming ido late. In this the justice was'correct. The act declares, that if the defendant shall, on the hearing of the cause, prove to the satisfaction of the justice, &c. he shall be entitled to the exemption. The hearing of a cause must he considered as at an end when is rendered. It ought to he upon the hearing, for the might, and probably ought, to hear evidence offered on the other side, showing the allegation to he untrue.

Judgment affirmed#

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Bluebook (online)

14 Johns. 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degear-v-nellis-nysupct-1817.