Lippman v. Petersberger

Daly, F. J.

This motion is prematurely made. The defendant was arrested and is still in custody upon mesne process. After his arrest he made an offer, under section 385 of the Code, to allow the plaintiff to take judgment for a certain amount, which offer the plaintiff, on the 9th day of February last, accepted, but neglected to enter up the judgment until more than three months had elapsed; that is, he entered it up on the 30th of May, and on the day after issued execution against the prop- ■ erty of the defendant, which has not yet been returned.

The defendant moves, under section 736 of…