Morton v. Palmer 14 N.Y.S. 912

Morton et al. v. Palmer.

(Supreme Court, General Term, First Department.

June 12, 1891.)

Judsment—Actions on—State and Federad Courts.

Code Civil Proc. N. Y. § 1913, providing that an action on a judgment, “rendered in a court of record of the state, cannot be maintained between the original parties to the judgment, ” except under certain circumstances, does not apply to a judgment rendered in a federal court sitting in New York, but an action may be maintained thereon as If it were a foreign judgment.

Appeal from special term, New York county.

Action by Levi P. Morton, George Bliss, Richard J. Cross, and George T. Bliss against Charles P. Palmer on a judgment.recovered by plaintiffs against defendant for $67,467.80, in the circuit court of the United States for the' southern district of New York. Defendant demurred to the complaint on the grounds: “First, that it appears upon the face thereof that the complaint does not state facts sufficient to constitute a cause .of action; second, that it appears on the face thereof that the court has no jurisdiction of the subject-matter of the action in that this court has' no jurisdiction of the subject-matter of an action at law on its own judgment. ” Prom an order overruling the demurrer as frivolous and directing judgment for plaintiffs, and from the judgment entered thereon, defendant appeals.

Argued before Van Brunt, P. J., and Patterson, J.

Forster & Speir, (Henry A. Forster, of counsel,) for appellant. Robinson, Bright, Biddle & Ward, for respondents.