Satterlee v. True — 3 Edw. Ch. 423

Majority

p. 423

Satterlee and others v. True and another.

Headnote

Where an action is commenced prior to the first of June, 1840, and the judgment is docketed and creditor’s bill filed afterwards, it should appear affirmatively when the action was begun—otherwise, a demurrer will hold, provided the time of issuing and returning the ji. fa. should be within that now required by the law of the first of June, 1840.

p. 424

October 20, 1840.

Pleading. Judgment creditor. Fi.fa.

Demurrer to a judgment creditor’s bill founded on a judgment docketed since the passing of the act which took effect on the first of June, one thousand eight hundred and forty. The bill did not show at what time the action had been commenced, but gave the test of the fi. fa. the thirteenth of July and the return the sixteenth of the same month.

that where a judgment has been recovered since the first day of June, one thousand eight hundred and forty, when the new law took effect, in an action commenced before, it should appear affirmatively in the bill that the suitwas commenced before the first of June, in order to make the issuing and return of th e, fi.fa. regular, when the same has been issued before the expiration of thirty days and is returnable in less than sixty days.

The demurrer was allowed, with costs—giving liberty to amend.

His honor also gave it as his opinion that, on a judgment in the superior court, there was no necessity to docket it or issue execution in any other county than the city and county of New York.

Mr. Allen, for the defendants.

Mr. Howe, for the complainants.