Koenig v. . Steckel
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon the decision of the court upon trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon the decision of the court upon trial without a jury. This action was brought upon a joint and several bond executed by defendants and-one Sebastian Banzer, upon the removal of an action brought by plaintiff against said Banzer from the Fourth District Court of the city of New York to the Court of Common Fleas, under the provisions of the act of 1857, in reference to the District Courts of the city of New York. (Chap. 344, Laws of 1857.) The bond was…
1Opinion of the CourtAndrews, J.
The taking of the body of Banzer in the execution was in law a satisfaction of the judgment so long as the imprisonment continued. The judgment was not thereby absolutely extinguished, but the imprisonment barred the creditor from all other remedy for the collection of the debt while the debtor was in custody. The statute in certain cases, after the imprisonment is at an end, revives the remedy of the creditor against the property of the judgment debtor, but while it continues no other or different satisfaction can he obtained. The imprisonment suspends the lien of the judgment upon the real…
2Cases cited2 opinions
- Sunderland v. LoderNew York Supreme Court · 1830
- Cooper v. BigalowNew York Supreme Court · 1823
3Cited by11 opinions
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Everall v. StevensAppellate Division of the Supreme Court of the State of New York · 1913
- Moran v. TothNew York Supreme Court · 1949
- Parascandola v. AuditoreAppellate Division of the Supreme Court of the State of New York · 1926
- United States v. HaasDistrict Court, S.D. New York · 1880
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