Farmers' & Mechanics' National Bank v. Crane
New York Supreme Court
The plaintiffs, the Farmers’ and Mechanics’National Bank of Philadelphia, sued Walworth D. Crane and Joseph C. Danckelman, copartners, to recover the amount of an over-draft; and in the comulaint alleged fraud. Judgment was obtained against both defendants. Separate executions were issued against the person of each defendant. The plaintiffs neglected to charge the defendant, Danckelman, in execution, and he was discharged by an order of supersedeas.
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The plaintiffs, the Farmers’ and Mechanics’National Bank of Philadelphia, sued Walworth D. Crane and Joseph C. Danckelman, copartners, to recover the amount of an over-draft; and in the comulaint alleged fraud. Judgment was obtained against both defendants. Separate executions were issued against the person of each defendant. The plaintiffs neglected to charge the defendant, Danckelman, in execution, and he was discharged by an order of supersedeas. The defendant, Crane, now moved to have the execution against him set aside.
1Opinion of the CourtFancher, J.
It is a well settled principle of practice that an execution, being founded on the judgment, must in all respects follow it, and be warranted by it. It has been held that it must be in the name of all the plaintiffs against air the defendants (6 T. R., 525; Gra. Pr., 357 ; 2 Stra., 1218), and that it must strictly pursue the judgment (Gra. Pr., 411).
The case cited from Term reports is authority for holding that if a separate execution against the body of the defendant is issued upon a joint judgment against two defendants, the execution will be set aside, and the defendant arrested under it…
2Cases cited1 opinion
- Webster v. StephensThe Superior Court of New York City · 1856