Andrews v. Gardiner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Asa Bird Gardiner, from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Rockland on the 25th day of August, 1917, denying a motion to vacate an execution against the person and to discharge the defendant from arrest on body execution and to vacate the bail furnished thereunder.
1Opinion of the Court
Blackmar, J.:
The defendant, on June 15, 1917, as he was about leaving the town of Ramapo for New York city on business connected with his duties as colonel of the Veteran Corps of Artillery, S. N. Y., was arrested on an execution against the person, issued upon a judgment obtained against him in an action for libel. He moved to vacate the execution and for his discharge on the ground that he was exempt from arrest while in the performance of his duties as colonel of the Veteran Corps of Artillery. The motion was denied at Special Term and he has appealed to this court.
The Veteran Corps of…
2Cases cited3 opinions
- People ex rel. Harris v. GillAppellate Division of the Supreme Court of the State of New York · 1903
- People v. . CampbellNew York Court of Appeals · 1869
- Redner v. JewettNew York Supreme Court · 1893
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- Reynolds v. HaulcroftSupreme Court of Arkansas · 1943
- Roark v. RoarkCourt of Appeals of Texas · 1947
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