Wood v. Wood
New York Supreme Court
Execution for annuity secured by bond. A judgment was entered in this case at the last May term for $1000, the penalty of a bond, and $55,89, the costs of suit. The bond bears date 22d June, 1816, and is conditioned for the payment 0f $80 annually to the plaintiff during her natural life.
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Execution for annuity secured by bond. A judgment was entered in this case at the last May term for $1000, the penalty of a bond, and $55,89, the costs of suit. The bond bears date 22d June, 1816, and is conditioned for the payment 0f $80 annually to the plaintiff during her natural life. On the 15th May, the attorney for the plaintiff issued a testatum fier^ fac^as to the sheriff of the county of Onondaga, in the usual form, and by an lndorsement on the execution, directed the sheriff to collect $325,33, but to allow on account 0f the same a certain payment made by the defendant. On the 3d…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question here, if any,
is not whether the execution should have been for the residue, but whether the plaintiff had a right to sue out an execution for subsequent arrears, without proceeding by scire facias. In England a bond conditioned for the payment of an annuity, is holden to be within the statute, requiring a suggestion of breaches on the record. (2 Burr. 820. 5 T. R. 538. 8 T. R. 126.) Our statute, however, excludes bonds conditioned for the payment of money, and a scire facias therefore is not necessary. An execution may be sued out for arrears accruing…
2Cited by2 opinions
- Burnside v. WandSupreme Court of Missouri · 1902
- Harmon v. DedrickNew York Supreme Court · 1848