Legal Opinion

Cairns & Lord v. Smith

New York Supreme Court

Decided August 15, 1811PublishedCited by 2 opinions

VAN VECHTEN, for the defendant, moved to set aside the execution issued in this cause, in the hands of the sheriff, or that all proceedings be stayed, so far as relates to the real estate of the defendant, advertised for sale, by the sheriff, under the execution.

1Per curiam

It is irregular to issue a second execution until the first is returned. (Gilbert on Executions, 24. 1 Salk. 318. 2 Tidd's K. B. Prac. 934.) The court ought to know what proceedings have been had upon the first execution before they award another. This rule is necessary to prevent abuse and oppression, though we do not mean to apply the rule to a case in which an execution may have issued unadvisedly, and the party withdraws it, before any thing is done. The rule is more necessary to be observed, when it appears that a sale has actually been had under the first execution. (2 Tidd, 912.) In…

2Cases cited1 opinion

  1. Gully v. RemyIndiana Supreme Court · 1820

3Cited by2 opinions

  1. Howland v. HarrisU.S. Circuit Court for the District of Massachusetts · 1827
  2. Wager v. MillerSupreme Court of Pennsylvania · 1818

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