Masters v. Edwards
New York Supreme Court
The defendant had been surrendered in exoneration of his bail, final judgment obtained against him, and aftei three months, he was, on regular notice to the plaintiff, superseded, for want of being charged in execution in due time. Notwithstanding this, the plaintiff’s attorney sued out an execution against the body of the defendant, upon the judgment on which he had been in custody, and took him upon the ca. sa. thus issued.
1Per curiam
In Brantingham's .Case we certainly did depart from the English practice. "We there allowed, on a rule to show cause, the being charged in execu[*517] tian subsequent *to notice of the application, to be shown as a reason for denying the supersedeas. The court proceeded there on the idea, that the statute gave the plaintiff a right of election to have execution against the body, or the goods; and that he was not obliged to manifest this election till called on.[1] The present case is not of that description; that statute was only to prevent double executions. The plaintiff has elected to…
2Cited by2 opinions
- Reynolds v. CorpNew York Supreme Court · 1805
- Territory v. MurrayMontana Supreme Court · 1887