Duryee v. Botsford

Brady, J.:

It appears that on the 15th of June, 1860, the plaintiff recovered a judgment against the defendant for the sum of ninety-seven dollars and fourteen cents. On that day, namely, June 15,1860, the plaintiff’s attorney, John Henry Hull, issued an execution, which was returned nulla iona on the 5th of August, 1860. On the 16th of *318April, 1877, the same attorney issued a second execution, indorsing that process with his own name, but as the plaintiff’s attorney.

The plaintiff was dead at the time this second execution was issued, having died in February, 1870, and John H. Bird and Julia B.…