Beard v. Covill

The facts disclosed by the moving papers show that the plaintiff recovered a judgment in justice’s court, on October 12, 1906, against the defendant for rent of premises known as “57 East Main Street,” Hornell, N. Y.; that an execution was duly issued thereon against property of the defendant and returned wholly unsatisfied; that thereafter, and on the 8th day of December, 1906, the plaintiff filed an affidavit with the justice who rendered the judgment, setting forth therein the rendition and entry of said judgment, and the issue and return unsatisfied of said execution, and that there was…