1 Barb. 29
Decided September 11, 1847
New York Supreme Court · decided 1847-09-11
The plaintiff having commenced an action of assumpsit against the defendant, the latter gave a cognovit for the amount claimed. The plaintiff subsequently died, without having entered up judgment upon the cognovit; and the defendant refuses to allow judgment to be entered thereon, in favor of the plaintiff’s personal representatives.
Cited by 1 later decisions — most recently April 1914
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1847-09-11
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¶1The rule applied for cannot be granted. The
¶2only relief which could be granted would be to allow judgment to be entered in the name of the original parties. But that is a right conferred by statute, (2 R. S. 387, § 4.) and can only be exercised within two terms after plea of confession. This plea was put in last October; and more than two terms having passed, the court has no power in the matter.
¶3Motion denied.