Ryall v. Kennedy
The Superior Court of New York City
This is a motion to set aside an execution issued against the person of the defendant. The complaint in the action avers: 1. That the defendant was the master of the steamship City of Brussels. 2. That in March, 1871, the plaintiff’s intestate, John Ryall, took passage in the said steamship from Liverpool to New York, and the master, for a good consideration, “ undertook, promised and agreed to safely and securely convey and transport the intestate to the city of New York by…
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This is a motion to set aside an execution issued against the person of the defendant. The complaint in the action avers: 1. That the defendant was the master of the steamship City of Brussels. 2. That in March, 1871, the plaintiff’s intestate, John Ryall, took passage in the said steamship from Liverpool to New York, and the master, for a good consideration, “ undertook, promised and agreed to safely and securely convey and transport the intestate to the city of New York by the said steamship.” 3. That the intestate then went on said vessel and proceeded on his voyage to New York. í. That…
1Opinion of the CourtFreedman, J.
— Section 288 of the Code provides that if the action be one in which the defendant might have been arrested, as provided in sections 179 and 181, an execution against the person of the judgment debtor may be issued; but no such execution shall issue, unless an order of arrest has been served, as provided by the Code, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by section 179.
Under the decision in Wood agt. Henry (40 N. Y., 124) the phrase in the statute, “ statement of facts,” must be construed to mean, and be confined to, a…
2Cases cited1 opinion
- Wood v. . HenryNew York Court of Appeals · 1869
3Cited by1 opinion
- In re TinkerDistrict Court, S.D. New York · 1900