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Home > History and Archaeology > History > Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 61
Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 61

Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 61


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ...cause of action (See, also, Mallory agt. Leach, 23 How. Pr., 507; Gwdale agt. Finn, 2 Hun, 151). A contrary doctrine is upheld in Arthurton agt. Dalley (20 How. Pr., 311). It was decided in this state many years since that a judgment extinguished the original debt, and that the judgment of the court of a neighboring state is no less effectual in extinguishing the demand on which it was rendered than the judgment of a court strictly domestic (Besley agt. Palmer, 1 Hill, 482; see, also, Nicholl agt. Mason, 21 Wend., 341, 342; Oakley agt. Aspinwall, 4 Cons., 513, 519, 520; Suydam agt. Barber, 18 iT. Y., 468, 470). Upon the enactment of the Code of Civil Procedure, an additional provision was made (see. 552), which declares that " the recovery of a judgment in a court, not of the state, for the same cause of action, or, when the action is founded on fraud or deceit, for the price or value of the property obtained thereby, does not affect the right of the plaintiff to arrest the defendant, as prescribed in this title." It is insisted that this section was intended to and did settle the rule as to the effect of a judgment in the court of another state, and as to the right to an order of arrest, and a note of the commissioners to this section states that this was a new provision settling a point upon which the authorities are in conflict--whether a foreign judgment prevents an arrest in this state in an action relating to the same cause of action. The provision cited clearly declares that where a judgment has been recovered in the court of another state for the same cause of action that the right of the party to an order of Baxter agt. Drake. arrest is not affected. This interpretation gives the right to prosecute upon the demand the same as if no judgme...


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Product Details
  • ISBN-13: 9781130747065
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 244
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1130747069
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 440 gr

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