In re Short
Appellate Division of the Supreme Court of the State of New York
Appeal from Albany county court. Application by Frank H. Short for a writ of habeas corpus to inquire into the cause of his imprisonment under an execution against the person on a judgment against him, as plaintiff, for costs. From an order discharging the petitioner, Aaron B. Sfcutt, the original defendant, appeals.
1Opinion of the CourtLandon, J.
The order appealed from must be ¿firmed, because the action was brought in a justice’s court to recover chattels, with damages for their detention. No order of arrest was issued, and therefore, if plaintiff had recovered, he would not have been entitled to an execution against the person of defendant upon account of the chattels (Code Civ. Proc. § 3026); and he was not entitled to an order of arrest under either subdivision 1 or 2 of section 2895, and therefore not entitled to an execution against the person (section 3026), upon account of damages for the wrongful taking and detention of the…
2Cases cited1 opinion
- Bowen v. . TrueNew York Court of Appeals · 1873
3Cited by1 opinion
- Thompson v. ThompsonNorth Dakota Supreme Court · 1901