C. Roy Curtis & Son, Inc. v. Kanfousch

The facts indicate that a body execution was issued against the person of the defendant, dated the 9th day of October, 1941, which contained, in substance, a direction to the sheriff of Oneida county to return the execution within sixty days after it was received by the sheriff to the clerk of Wayne county.

This instrument was received by the sheriff of Oneida county on October 21, 1941. Defendant was arrested by virtue of the execution and committed to Oneida county jail on the 1st day of July, 1942.

This motion is made for an order setting aside the execution against the defendant and…