Merritt v. Carpenter
New York Court of Appeals
Sylvanus Merritt sued Isaac Carpenter, in the supreme court, to recover the possession of certain real property, and damages for withholding the same. He failed in his action, and a judgment was recovered against him by Carpenter, for seventy-four dollars and thirty-nine cents, costs of the action.
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Sylvanus Merritt sued Isaac Carpenter, in the supreme court, to recover the possession of certain real property, and damages for withholding the same. He failed in his action, and a judgment was recovered against him by Carpenter, for seventy-four dollars and thirty-nine cents, costs of the action. An execution, issued against the property of Merritt upon this judgment, was returned unsatisfied, and an execution was then issued against his person, upon which he was arrested by the defendant Reynolds acting as a deputy sheriff. After a short detention in the custody of the officer, he paid…
1Opinion of the Court
By the Court.
Hunt, J.
[After stating the facts.] — A single question is, therefore, presented, whether upon a failure of the plaintiff to recover, in an action to obtain possession of *287real estate and damages for withholding such possession, an execution may issue against the body of such plaintiff.
Prior to the act “ to abolish imprisonment for debt and to punish fraudulent debtors,” passed April 26,1831, a capias ad satisfaciendum could be issued, to enforce all judgments, whether upon contract or for tort. By that act it was provided that no person should be arrested on any civil process or…
2Cited by4 opinions
- D. W. Alderman & Sons Co. v. KirvenSupreme Court of South Carolina · 1946
- Griswold v. SweetNew York Supreme Court · 1875
- Bruce v. KellyNew York Supreme Court · 1875
- Welch v. WinterburnNew York Supreme Court · 1878