Merritt v. Judd

New York Court of Common Pleas

Merritt v. Judd

9 N.Y.S. 491, 18 N.Y. Civ. Proc. R. 159, 1890 N.Y. Misc. LEXIS 223

CourtNew York Court of Common Pleas

DecidedFebruary 11, 1890

StatusPublished

Cited by1 cases

This text of 9 N.Y.S. 491 (Merritt v. Judd) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merritt v. Judd, 9 N.Y.S. 491, 18 N.Y. Civ. Proc. R. 159, 1890 N.Y. Misc. LEXIS 223 (N.Y. Super. Ct. 1890).

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Opinion

Bischoff, J.

These proceedings are fatally detective. The judgment was recovered in a justice’s court of St. Lawrence county. A transcript was docketed in the St. Lawrence county clerk’s office, and the judgment thenceforth became a judgment of the county court of that county. Pursuant to section 3017, an execution upon a judgment so recovered and docketed must [492]*492be issued by tbe county clerk. Here the execution upon the issue and return of which these proceedings are founded was issued out of the-county court of St. Lawrence county. Such execution, being unauthorized, was a nullity, and proceedings for the examination of the judgment debtor cannot be founded thereon. Muldowney v. Corney, 3 Daly, 170; Silverman v. Henant, 40 How. Pr. 88. Proceedings dismissed. No costs.

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Bischoff, J.

These proceedings are fatally detective. The judgment was recovered in a justice’s court of St. Lawrence county. A transcript was docketed in the St. Lawrence county clerk’s office, and the judgment thenceforth became a judgment of the county court of that county. Pursuant to section 3017, an execution upon a judgment so recovered and docketed must [492]*492be issued by tbe county clerk. Here the execution upon the issue and return of which these proceedings are founded was issued out of the-county court of St. Lawrence county. Such execution, being unauthorized, was a nullity, and proceedings for the examination of the judgment debtor cannot be founded thereon. Muldowney v. Corney, 3 Daly, 170; Silverman v. Henant, 40 How. Pr. 88. Proceedings dismissed. No costs.

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Bluebook (online)

9 N.Y.S. 491, 18 N.Y. Civ. Proc. R. 159, 1890 N.Y. Misc. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritt-v-judd-nyctcompl-1890.

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