2 Edm. Sel. Cas. 39
Decided October 15, 1848
New York Supreme Court · decided 1848-10-15
On the 5th of June, 1848, the plaintiff’s attorney filed the judgment record in this action; at the time of the filing the clerk indorsed on the record, “ Filed 5th June, 1848,” but did. not then sign the record. On the 23d August, 1848, the defendant’s attorney searched in the office, and found that the record had not been signed by the clerk, and he then gave notice of motion to set aside the judgment on that ground.
Decided 1848-10-15
¶1read the words of the statute, and said, as this record was not signed until after the 18th of August, although filed on the 5th June, the judgment is irregular, and must be set aside. I do not think the indorsement was a sufficient signature. The defendant’s delay in making the motion cannot cure the defect, which is a violation of the express words of the statute.
¶2Motion granted.