Wardell & M'Coon v. Mason — 10 Wend. 573

Majority

p. 573

Wardell & M’Coon vs. Mason and another.

ALBANY,

Sept. 1833.

Headnote

Records of judgment, delivered to the clerk to be filed before the hour of nine o’clock in the morning, will be considered as filed at the hour of nine. No preference can be gained by taking a record to the clerk’s office before that hour.

In this and four other cases where a preference was attempted to be gained by the filing of records of judgment, one attorney filing his record at seven o’clock A. M. and the other at thirty minutes past seven, the court, Sutherland, J. presiding, observed that a party cannot gain a preference by filing a record before the how of nine o’clock in the morning, that being

p. 574

the earliest hour at which the clerks of our courts are required by statute to open their offices for the transaction of business, 2 R. 8 . 285, § 54; and that all records delivered at an earlier hour must be considered as filed at the hour of nine.