Browne v. Bradley
New York Supreme Court
Motion for leave to issue a new execution against the person of a judgment debtor. This action was brought by John Browne, Eeceiver of the Globe Insurance Company, against George T. Bradley. Judgment was recovered in Oneida county against the defendant on July 20, 1855, for $1650.67, being for premiums, &c., collected by the defendant, as agent for the Globe Insurance Company.
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Motion for leave to issue a new execution against the person of a judgment debtor. This action was brought by John Browne, Eeceiver of the Globe Insurance Company, against George T. Bradley. Judgment was recovered in Oneida county against the defendant on July 20, 1855, for $1650.67, being for premiums, &c., collected by the defendant, as agent for the Globe Insurance Company. An execution upon the judgment, against the property of the defendant, having been returned unsatisfied, an execution against his body was issued to the sheriff of the city and county of Hew York, under which he was…
1Opinion of the CourtBacon, J.
This is a special statutory proceeding, and jurisdiction must appear upon the record. The cases cited, decided under the non-imprisonment act, show, that all the facts to entitle the applicant to a discharge must appear in the petition, and that the specification in the statute of certain facts which must *144appear, it being apparent that the statute does not attempt to prescribe the full contents of the petition, does not obviate the necessity of averring the existence of other jurisdictional facts, if such facts must exist to give the court jurisdiction. Here the power of the court to act,…
2Cited by2 opinions
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