Parce v. Halbert
New York Supreme Court
Motion by plaintiff to set aside ca. sa. for irregularity and to be discharged from imprisonment.—The plaintiff moved on the ground that the ca. sa. purported to have been rendered in an action of assumpsit and in an action founded upon contract, and therefore he was not liable to imprisonment.
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Motion by plaintiff to set aside ca. sa. for irregularity and to be discharged from imprisonment.—The plaintiff moved on the ground that the ca. sa. purported to have been rendered in an action of assumpsit and in an action founded upon contract, and therefore he was not liable to imprisonment. The plaintiff declared against the defendant, “ that defendant was indebted to the said plaintiff in the sum of one thousand dollars, according to the provisions of sections 34, 35, 36, and 37 of title 5, chapter 6 and part 3 of the Revised Statutes, &c.” together with a count for goods, wares and…
1Opinion of the Court
Beardsley, Justice.
Decided the proceedings to be regular, and the plaintiff liable to imprisonment, under the sections of the statute upon which the action was brought. Motion denied with costs.
2Cited by1 opinion
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