American Surety Co. v. Cosgrove
New York Supreme Court
Motion to set aside an execution against the person of the defendant. The plaintiff obtained judgment for $15,391.65 against the defendant herein August 6, 1901, and on August thirteenth following issued execution against the defendant’s property to the sheriff of Chemung county, the defendant being then confined in Elmira Reformatory, situated in said county. Said execution was returned unsatisfied.
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Motion to set aside an execution against the person of the defendant. The plaintiff obtained judgment for $15,391.65 against the defendant herein August 6, 1901, and on August thirteenth following issued execution against the defendant’s property to the sheriff of Chemung county, the defendant being then confined in Elmira Reformatory, situated in said county. Said execution was returned unsatisfied. The defendant was bom in New York county, and the only time when he was absent from New York city for any considerable period was during his incarceration in Elmira Reformatory. Section 1489 of…
1Opinion of the CourtBischoff, J.
The issuance of execution against the defendant’s property to the county of Chemung, as the place where he at the time resided, is sought to be justified solely upon the fact that *264the defendant was within that county as a prisoner in the Elmira Reformatory, whither he was sent upon his conviction of a crime. Ooncededly, the last place of the defendant’s sojourn within the State was the city of Hew York, and it is impossible to hold that, for the purposes of an execution against his person (Oode Civ. Pro., § 1489), he “ resided ” where he was imprisoned. Whether the word “ residence ” be taken…
2Cases cited1 opinion
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