Superintendents of the Poor v. Smith

New York Supreme Court

Superintendents of the Poor v. Smith

11 N.Y. 181

DecidedApril 15, 1834

StatusPublished

This text of 11 N.Y. 181 (Superintendents of the Poor v. Smith) 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

Superintendents of the Poor v. Smith, 11 N.Y. 181 (N.Y. Super. Ct. 1834).

Pincite

Opinion

*By the Court,

Savage. Ch. J.

I perceive no objection to entering the judgment as of the special term when it was rendered. A record is said to be a history of the most material proceedings in the cause, containing the plead[183]*183ings, continuances, and whatever further proceedings have been had, 3 Black. Comm. 317; and it must be strictly true. The rule granted at a special term, is as valid and effectual as if granted at a general term, and consequently, if judgment is rendered, a record thereof or judgment roll may be made up and filed. Nor is there any thing in the objection that the execution is tested as of a preceding term; it is always so tested where a judgment is" entered in vacation. But the error here is, in issuing the execution against the plaintiffs individually, who sued as superintendents of the poor. This is expressly prohibited by statute, 2 R. L. 475, § 107, and the execution therefore must be set aside, but without costs to either party.

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

*By the Court,

Savage. Ch. J.

I perceive no objection to entering the judgment as of the special term when it was rendered. A record is said to be a history of the most material proceedings in the cause, containing the plead[183]*183ings, continuances, and whatever further proceedings have been had, 3 Black. Comm. 317; and it must be strictly true. The rule granted at a special term, is as valid and effectual as if granted at a general term, and consequently, if judgment is rendered, a record thereof or judgment roll may be made up and filed. Nor is there any thing in the objection that the execution is tested as of a preceding term; it is always so tested where a judgment is" entered in vacation. But the error here is, in issuing the execution against the plaintiffs individually, who sued as superintendents of the poor. This is expressly prohibited by statute, 2 R. L. 475, § 107, and the execution therefore must be set aside, but without costs to either party.

Cite This Page — Counsel Stack

Bluebook (online)

11 N.Y. 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/superintendents-of-the-poor-v-smith-nysupct-1834.