40 Barb. 322 | N.Y. Sup. Ct. | 1863
The docket of the justice did not show the facts necessary to his jurisdiction. It merely stated the names of the parties plaintiff and defendant, the fact of the rendition of the judgment, and its date, with the amount of damages and costs, severally, and the sum total of the judgments. But the statutory requirements'in relation to the entries in the docket are merely directory, and a noncompliance with them does not vitiate the judgment; and the jurisdictional and other facts may be proved aliunde. (Barnes v. Harris, 4 Comst. 385, per Bronson, J. and cases cited. Humphrey v. Persons, 23 Barb. 313.)
The defendant does not claim any benefit from any supposed defect in the docket, but insists that the confessions were void for a non-compliance with the statute; and this is the only question made upon this appeal. It seems that before there were any statutory provisions for that purpose, a practice had grown up of taking judgments by confession before justices of the peace; and the regularity of the practice and the validity of the judgments were recognized. See the history of the practice and the cases cited by Savage, Ch. J. in Griffin v. Mitchell, (2 Cowen, 548.) In 1818 express authority was conferred upon justices of the peace to enter judgments by confession, and the practice was so far regulated by statute as to require the defendant to set forth the items of the demand, and make oath to the bonafides of the indebtedness, And the statute declared that any judgment entered by confession, where the defendant should not comply with the provisions of the act should be void. (Laws of 1818, p. 80, §§ 6, 7, ch. 94.) The provision was substantially re-enacted in 1824, with a proviso that a non-compliance with the provisions of the act should not affect the right or title of any bona fide purchaser of any goods or chattels, lands or tenements, under any such judgment. (Laws of 1824, p. 280, ch. 238, §§ 13,14.) The case of Griffin v. Mitchell, (supra,) was decided under the act of 1818, in 1824, but before the passage of the statute of that year. A judgment had in that case been entered by a justice of the
The judgment must be reversed, and a new trial granted; costs to abide the event.
Allen, Mullin, Morgan and Bacon, Justices.]