Piper v. Elwood

New York Supreme Court

Piper v. Elwood

4 Denio 165

CourtNew York Supreme Court

DecidedJanuary 15, 1847

StatusPublished

Cited by8 cases

This text of 4 Denio 165 (Piper v. Elwood) 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

Piper v. Elwood, 4 Denio 165 (N.Y. Super. Ct. 1847).

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Opinion

By the Court, Bronson, Ch. J.

The defendant defeated the effect of the levy and sale, by suing for and recovering the value of the property. The first judgment thereupon revived, and might be enforced. If the judgment had been in a court of record, the plaintiff would have been allowed to amend or strike out the return on the execution, and to have a new execution. (Adams v. Smith, 5 Cowen, 280.) As the justice had no power to order such an amendment, an action on the judg ment was the appropriate remedy.

Judgment affirmed.

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By the Court, Bronson, Ch. J.

The defendant defeated the effect of the levy and sale, by suing for and recovering the value of the property. The first judgment thereupon revived, and might be enforced. If the judgment had been in a court of record, the plaintiff would have been allowed to amend or strike out the return on the execution, and to have a new execution. (Adams v. Smith, 5 Cowen, 280.) As the justice had no power to order such an amendment, an action on the judg ment was the appropriate remedy.

Judgment affirmed.

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Bluebook (online)

4 Denio 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piper-v-elwood-nysupct-1847.

Opinion

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