Patrick v. Warner
New York Court of Chancery
This suit was instituted for the foreclosure and satisfaction of a mortgage, and the usual decree for a sale of the premises and for the delivery of the possession thereof to the purchaser was entered.
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This suit was instituted for the foreclosure and satisfaction of a mortgage, and the usual decree for a sale of the premises and for the delivery of the possession thereof to the purchaser was entered. The defendant having neglected to deliver the possession of a part of the premises according to the decree, proceedings were instituted against him, which resulted in an order for a writ of assistance, to put the purchaser into possession, and an order that the defendant pay the costs of the proceedings, or that an attachment issue. The defendant having neglected to pay those costs, a…
1Opinion of the Court
The Chancellor.
The counsel for the defetidant is under a mistake in supposing that his client is exempt from imprisonment in this case under the act to abolish imprisonment for debt and to punish fraudulent debtors. ' (Laws of 1831, p. 396.) The precept for commitment in this case is in the nature of a civil execution, and the defendant is therefore entitled to the privilege of the gaol liberties. (2 R. S. 433, § 40.) But he is imprisoned for the costs of a proceeding as for a contempt to enforce a civil remedy. His case, therefore, is expressly excepted from the operation of the act of…
2Cited by7 opinions
- Gandy v. StateNebraska Supreme Court · 1882
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- People ex rel. Caldwell v. KellyNew York Supreme Court · 1862
- In re CaryDistrict Court, S.D. New York · 1882
- People ex rel. Crouse v. CowlesNew York Court of Appeals · 1868
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