Barnes v. Gill
New York Supreme Court
Motion to set aside execution. Stephen S. Barnes recovered judgment in May, 1862, against James Grill and P. F. Grill, and in the same month John Tracy and another recovered a judgment against James Grill. Motions were now made in both actions to set aside executions which had been issued on these judgments respectively. The circumstances material to the question appear in the opinion.
1Opinion of the CourtLearned, J.
The defendants move to set aside an execution issued in each of these cases.
One ground of motion in the first case is, that one defendant was a minor when the judgment was recovered, and that the summons was never served.
It appears affirmatively by the opposing affidavits that the summons was personally served on both defendants, and that, after judgment, both defendants were examined on proceedings supplementary.
The judgment was recovered May 21, 1862, and it is averred that the defendant P. F. Grill had been doing business as a general partner, and in appearance was of full age.
A motion to…
2Cases cited3 opinions
- McMurray v. McMurrayNew York Supreme Court · 1870
- Cramer v.The Superior Court of New York City · 1851
- Jones v. DeckerNew York Supreme Court · 1861