N.Y. Guaranty and Indemnity Co. v. . Rogers
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Mew York affirming an order of Special Term, directing that defendant Roberts be discharged from arrest, unless plaintiff issue execution against his person within ten days after service of copy of order upon its attorneys. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of Mew York affirming an order of Special Term, directing that defendant Roberts be discharged from arrest, unless plaintiff issue execution against his person within ten days after service of copy of order upon its attorneys. The facts appear sufficiently in the opinion. All proceedings under an execution against the person issued before the return of an execution against' property unsatisfied, are regular and valid, until it is set aside by the court. (Ronick v. Orser, 4 Bosw., 384; Hutchinson v. Brand, 6 How., Pr., 73;…
1Opinion of the CourtAndrews, J.
The defendant Roberts was in actual custody, under an order of arrest in the action, when the judgment therein against him and his co-defendants was entered, January 6, 1876. More than three months having elapsed since that time, and no execution against his person having been issued, he is entitled to be discharged from custody, unless good cause to the contrary is shown. (Code, § 288.) The cause shown is, that an execution against the property of the defendants in the judgment was issued January 31, 1876, and has not been returned, and that the court in September, 1876, denied the…
2Cases cited2 opinions
- Sunderland v. LoderNew York Supreme Court · 1830
- Stewart v. McGuinNew York Supreme Court · 1823