Newgas v. Solomon
New York Supreme Court
Motion for an order relieving the defendant from any imprisonment, and from any body execution, and that he be absolutely discharged from imprisonment.
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Motion for an order relieving the defendant from any imprisonment, and from any body execution, and that he be absolutely discharged from imprisonment. In the action, brought to recover chattels, judgment was entered October 27, 1886. So execution against defendant’s person had been issued before this motion, but proceedings supplementary to execution were taken in May, 1887, and were still pending, the defendant having been examined, and the proceedings having been adjourned from time to time for the examination of witnesses. The affidavit of the plaintiff’s attorney in opposition alleged…
1Opinion of the CourtAndrews, J.
The general term of this department has held that the pendency of an appeal from a judgment *176is not a sufficient reason for delaying to issue an execution thereon against the person,* and it seems to me that, a fortiori, the pendency of supplementary proceedings will not justify the plaintiff in delaying to issue such an execution, even if it be true, as claimed, that such proceedings cannot be continued after the body execution has been issued.
So held in Havemeyer Sugar Refining Co. v. Taussig, 19 Abb. N. C. 57.
2Cases cited1 opinion
- Havemeyer Sugar Refining Co. v. TaussigNew York Supreme Court · 1887