Valkenburgh v. Harris

New York Supreme Court

Valkenburgh v. Harris

3 Denio 162

DecidedApril 15, 1846

StatusPublished

This text of 3 Denio 162 (Valkenburgh v. Harris) 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

Valkenburgh v. Harris, 3 Denio 162 (N.Y. Super. Ct. 1846).

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Opinion

By the Court, Beardsley, J.

The entry on the roll, in a case like this, is that the plaintiff have execution against the defendants according to the force, form and effect of the former recovery, and that he also recover costs on the scire facias. (2 R. S. 576, § 1; id. 612, § 3.) It is, in strictness, a judgment for execution according to the first recovery, and for costs. (Philipson v. Mangles, 11 East, 516.) The execution must issue upon the judgment on the scire facias, and not on the original judgment. (Davis v. Norton, 1 Bing. 133.) The case is within the act of 1840, and a writ of fieri facias cannot regularly issue, until after the expiration of thirty days from the entry of the judgment. (Laws 1840, p. 334, § 24.) This execution must be set aside, with costs.

Motion granted.

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By the Court, Beardsley, J.

The entry on the roll, in a case like this, is that the plaintiff have execution against the defendants according to the force, form and effect of the former recovery, and that he also recover costs on the scire facias. (2 R. S. 576, § 1; id. 612, § 3.) It is, in strictness, a judgment for execution according to the first recovery, and for costs. (Philipson v. Mangles, 11 East, 516.) The execution must issue upon the judgment on the scire facias, and not on the original judgment. (Davis v. Norton, 1 Bing. 133.) The case is within the act of 1840, and a writ of fieri facias cannot regularly issue, until after the expiration of thirty days from the entry of the judgment. (Laws 1840, p. 334, § 24.) This execution must be set aside, with costs.

Motion granted.

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Bluebook (online)

3 Denio 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valkenburgh-v-harris-nysupct-1846.