Condon v. Derringer

The action here, being for assault and battery, is one in which an execution against the person is allowable. (Civ. Prac. Act, §§ 504, 764, 826.) Exemplary damages were claimed in the complaint. The verdict in the amount of $8,000, for which judgment, with costs, had been entered, indicates serious injury or a mahcious act amounting to an atrocious battery. The act occurred in Philadelphia, Pa. The action was brought and the judgment recovered in New York. Defendant is a resident of Ohio. Execution against defendant’s property was issued and returned wholly unsatisfied in New York county,…