In re an Arbitration of & Concerning Certain Matters in Difference between Tannenbaum & Sadoff

By chapter 279 of the Laws of 1936, section 764 of the Civil Practice Act was amended so as to require application to the court for leave to issue execution against the person. After careful consideration the court has come to the conclusion that it was not the purpose of the amendment to confer upon the court discretion to grant or refuse such leave, but rather to provide for a judicial check against the issuance of a body execution in cases other than those specifically authorized in section 764.

Previous to the enactment of the amendment the attorney for the judgment creditor could issue…