Carpenter v. . Willett
New York Court of Appeals
This was an appeal from a judgment of the Superior Court of the city of Yew York, and was decided in this court at the December Term, 1864.
1Opinion of the Court
The opinion was given by Wright, J. A party had been arrested on an execution issued out of the third District Court of the city of Yew York. The judgment on which the execution issued did not state that the defendant was subject to arrest and imprisonment therein. The law (1857, ch. 344) provides that “ when a judgment is rendered in a case where the defendant is subject to arrest and imprisonment therein, it must be so stated in the judgment and entered on the docket.” The court held the execution to be void,' for the reason stated in the head-note.
This case is reported in 28 How., 225.
2Cited by4 opinions
- People v. CallahanNew York Court of Common Pleas · 1878
- Kling v. WalshAppellate Division of the Supreme Court of the State of New York · 1901
- Forsyth v. CampbellNew York Supreme Court · 1878
- Kling v. WalshAppellate Division of the Supreme Court of the State of New York · 1901