Legal Opinion

Gove v. Stewart

The Superior Court of the City of New York and Buffalo

Decided January 11, 1892Published

Appeal from special term. Action by Emma S. A. Gove against Charles H. Stewart and Samuel P. Sharp for personal injuries caused by alleged negligence. Plaintiff obtained a judgment, and execution was issued thereon and returned unsatisfied, after which a personal execution was issued against Charles H. Stewart. Plaintiff appeals from an order vacating and setting aside such execution. * *

1Opinion of the CourtFreedman, J.

It may be assumed that within the decisions of Montrait v. Hutchins, 49 How. Pr. 105, and Garner v. Mangam, 46 N. Y. Super. Ct. 365, the order obtained by the defendant, requiring the plaintiff to show cause why the execution issued by the plaintiff against the person of the defendant should not be. vacated and set aside, was irregular in not specifying the irregularity complained of, to-wit, that said execution had been issued more than 10 days after the return of the execution against the property of said defendant. But I think the plaintiff waived the right to insist upon the objection.…

2Cases cited1 opinion

  1. Montrait v. HutchinsNew York Supreme Court · 1875

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