Hovey v. Starr
New York Supreme Court
THIS action was commenced April 14, 1862, by the plaintiff, who was, and is, a married woman, against the defendant, for the conversion» of personal property. It was brought to trial, and a judgment upon the merits was rendered in favor of the defendant, with costs against the plaintiff. The defendant issued an execution against the property of the plaintiff, to the sheriff of the proper county, which was returned unsatisfied.
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THIS action was commenced April 14, 1862, by the plaintiff, who was, and is, a married woman, against the defendant, for the conversion» of personal property. It was brought to trial, and a judgment upon the merits was rendered in favor of the defendant, with costs against the plaintiff. The defendant issued an execution against the property of the plaintiff, to the sheriff of the proper county, which was returned unsatisfied. He then issued an execution against the person of the plaintiff, which was in the hands of the sheriff The plaintiff now moved, upon the judgment roll, and upon a…
1Opinion of the Court
By the Court,
Jambs C. Smith, J.
I am not convinced of the correctness of the defendant’s claim that the plaintiff, who is a married woman, is liable, under section 288 of the code, to an execution against the person, upon the judgment which has been recovered against her, in this action, for costs. That section provides that an execution may be issued against the person of the judgment debtor, if the action be one in which the defendant might have been arrested, as provided in section 179 and section 181. As the action before us is one of that description, it being for the conversion of…
2Cited by1 opinion
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