Legal Opinion
Redner v. Jewett
New York Supreme Court
Decided October 20, 1893PublishedCited by 5 opinions
Appeal from special term, Genesee- county. Action by William Redner against Benjamin F. Jewett. From an order relieving defendant from, imprisonment by virtue of an execution against his person issued in said action, “or by virtue of any other mandate which has been or may be issued” therein, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The sole question presented by this appeal is that of the proper meaning and application of section 572 of the Code of Civil Procedure. The language of the section, so far as it is material to this inquiry, is as follows:
“Except in a case where an order of arrest can be granted only by the court, if the plaintiff unreasonably delays the trial of the action, or neglects to enter judgment therein within ten days after it is in his power to do so, or neglects to issue execution against the person of the defendant within ten. *274days after the return of the execution against the property, ancl in…
2Cases cited2 opinions
- Smith v. . KnappNew York Court of Appeals · 1864
- Lippman v. PetersbergerNew York Court of Common Pleas · 1859
3Cited by5 opinions
- Andrews v. GardinerAppellate Division of the Supreme Court of the State of New York · 1918
- Perry v. KentNew York Supreme Court · 1895
- Quigley v. BaumannNew York Supreme Court · 1899
- Kreiser v. ScofieldNew York Court of Common Pleas · 1894
- Levison v. HarrisAppellate Terms of the Supreme Court of New York · 1912