Johnson v. Parmely

New York Supreme Court

Johnson v. Parmely

17 Johns. 271

DecidedJanuary 15, 1820

StatusPublished

This text of 17 Johns. 271 (Johnson v. Parmely) 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

Johnson v. Parmely, 17 Johns. 271 (N.Y. Super. Ct. 1820).

Pincite

Opinion

Per Curiara.

It is a settled principle, that wherever there is a change of parties, by marriage, bankruptcy, or death, whereby other persons become interested in the execution of the judgment, a scire facias is necessary so as to make such new person a party to the judgment. (Tidd’s Practice, 1021.) Here the husband will be benefited by the execution of the judgment, and has, by the marriage, acquired an interest in it The execution must be set aside for irregularity, with costs.

Rule accordingly.

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Per Curiara.

It is a settled principle, that wherever there is a change of parties, by marriage, bankruptcy, or death, whereby other persons become interested in the execution of the judgment, a scire facias is necessary so as to make such new person a party to the judgment. (Tidd’s Practice, 1021.) Here the husband will be benefited by the execution of the judgment, and has, by the marriage, acquired an interest in it The execution must be set aside for irregularity, with costs.

Rule accordingly.

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Bluebook (online)

17 Johns. 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-parmely-nysupct-1820.