1 Bradf. 343 | N.Y. Sur. Ct. | 1850
The petitioner, James D. Stevenson, recovered against the deceased in his life-time, a judgment in one of the Assistant Justice’s Courts of this city, and now claims payment in preference to simple contract creditors. Our statutes give such a priority to “judgments docketed, and decrees enrolled.” (2 JR. A, 3d ed.,p>. 151, § 29.) This provision, as reported by the Revisers, gave the preference to “ judgments and decrees against the deceased according to the priority thereof respectively,” and the Legislature added the words “ docketed” and “ enrolled.” (3 R. S., 2d ed., p. 641, Revisers' Notes; Ainslie vs. Radcliff, 7 Paige, 446.) This legislation, so far as legal assets were concerned, was, in regard to judgments, nothing more than the enactment of the Common Law
Our statute following the rule of the Common Law and the act of William & Mary, gives precedence only to judgments “ docketed.” A docket is a brief writing or statement of a judgment made from the record or roll, generally kept in books alphabetically arranged (Bouvier, Tomlins,—Graham's Pr., 341), with the Clerk of the Court, or the County Clerk. (2 B. S., 3d ed., pp. 456, 457, 460.) A transcript of a Justice’s judgment may be filed with the County Clerk, and the judgment docketed. (2 R. S., p. 344, § 127 ; Code, §§ 63, 68.) Under these provisions, I do not suppose that to entitle a judgment against a deceased person to priority, it is necessary it should be the judgment of a Court of Record. The statute gives such preference to all “judgments” (1 Binney, 221), provided they are docketed, but they must be docketed in the life-time of the deceased, in order to entitle them to precedence, over other debts. The whole matter of preference as to claims against
The lowest Court of Justice, the Court of Pie Poudre, was a Court of Record (Bacon Ah. Courts), and its judgments had preference. (2 Vernon, 89.)