Ginochio v. Orser
New York Court of Common Pleas
Motion to strike out portions of an answer. The portions of the answer objected to, and the grounds of the motion, appear in the opinion.
1Opinion of the CourtWoodruff, J.
This action is prosecuted against the sheriff of the city and county of New York for an alleged escape of one Figari, who it is alleged was arrested on a ca. sa. issued' upon a judgment docketed in the office of the clerk of the city and county of New York, in favor of the plaintiff.
The defendant in his answer among other things, sets up that “the paper alleged to be an execution,is void on its face, and was not issued by any person or officer authorized to issue the same. That the judgment docket upon which the same purports to be based, did not authorize or justify the issuing of an…
2Cases cited14 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Bissell v. KipNew York Supreme Court · 1809
- Patterson v. WesterveltNew York Supreme Court · 1837
- Walden v. DavisonNew York Supreme Court · 1836
- Cable v. CooperNew York Supreme Court · 1818
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3Cited by1 opinion
- Dunford v. WeaverNew York Supreme Court · 1880