Chaucherie v. Popper

This is a motion made by the plaintiff to strike from the judgment entered herein the following clause: “And if an execution against the plaintiff’s property be returned unsatisfied, it is further ordered and adjudged that the defendant have execution against the person of the plaintiff herein.” The plaintiff, a married woman, brought an action to recover damages for slander. The jury found a verdict in favor of the defendant, who thereupon entered a judgment containing the clause above quoted. In Hovey v. Starr, 42 Barb. 435, the court, by Smith, ¿T., say: “ I am not convinced of the…