Meech v. Loomis
The Superior Court of New York City
Motion to set aside execution against the person. This action was brought by Alexander Meech against Kellogg H. Loomis. The defendant was taken into custody under an order of arrest, requiring bail in the sum of $200, which defendant was unable to give.
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Motion to set aside execution against the person. This action was brought by Alexander Meech against Kellogg H. Loomis. The defendant was taken into custody under an order of arrest, requiring bail in the sum of $200, which defendant was unable to give. Algernon S. Sullivan, at the instance of the wife of the defendant, called on the attorney for the plaintiff, and proposed to deliver to him a watch and chain and certain articles of jewelry, to be held by him as security for the debt alleged to be due to the plaintiff, on condition that the defendant should be released from arrest. The…
1Opinion of the CourtMonell, J.
After the defendant had been arrested, under an order of arrest in this action, and while in the custody of the sheriff, he transferred to the plaintiff’s attorney certain articles of personal property, which it was agreed should be held “as security for payment by said defendant of the amount claimed in said suit, and defendant to be released now from arrest.” Thereupon, the defendant was discharged from custody. It is averred, in the moving affidavits, that by reason of such consent, the order of arrest became vacated before the entry of judgment. Ho vacation of the order by a judge of this…
2Cited by2 opinions
- Emery v. . BaltzNew York Court of Appeals · 1884
- Emery v. BaltzNew York Supreme Court · 1880