Rubin v. Freeman Electric Construction Co.

Defendant appeals from an order which granted the motion of executors of a deceased judgment creditor for an execution against the person of defendant pursuant to section 764 of the Civil Practice Act.

Under the provisions of section 764, a body execution against a judgment debtor may issue, in the discretion of the court, where the judgment is one that can be enforced by execution and where the plaintiff’s right to arrest the defendant depends upon the nature of the action. The actions in which a defendant may be arrested are set forth in section 826 of the Civil Practice Act. It should be…