Symmes v. Avery
Symmes v. Avery
Opinion of the Court
The opinion of the court was delivered by
The suit was based upon a judgment recovered October 16th, 1910, in the Municipal Court of New York, borough of Manhattan, and on November 7th, 1910, docketed in the clerk’s office of the county of New York. The statute of New York, proved in the case, prescribes that on such docketing the judgment shall be deemed a judgment of the Supreme Court and may be enforced accordingly.
The District Court, in the present suit, held that the judgment in question, being more than six years old, was barred by the statute of limitations, relying on the decision of this court in Summerside Bank v. Ramsey, 55 N. J. L. 383, where it was held that a “foreign” judgment was subject to our statute of limitations as a simple contract debt. The court below overlooked the fact, however, that in the Summerside Bank case the original judgment had been recovered in Prince Edward Island and was accurately classed by. Chief Justice
Case-law data current through December 31, 2025. Source: CourtListener bulk data.