Gilman v. Joseloff

This is a suit for a temporary and a permanent injunction to restrain the defendants from the further levy of an execution on the bodies of the plaintiffs. The principal question to be decided is whether a levy on the body (capias ad satisfaciendum) can be made under an alias execution after an execution against property (fieri facias) has been returned partially satisfied.

The case was submitted on an agreed statement of facts. No finding is necessary where this course is adopted. On July 8, 1947, the defendant Stanley Nierwakowski recovered a judgment against the plaintiffs for $8131.71…