Elwood v. . Gardner
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial district, affirming an order at the Special Term, vacating an execution issued against the person of the defendant.
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Appeal from an order of the General Term of the Supreme Court in the second judicial district, affirming an order at the Special Term, vacating an execution issued against the person of the defendant. The plaintiff brought suit by a summons for relief, the complaint being in the form of an action for damages sustained by reason of alleged false representations made by the defendant to the plaintiff, as to the solvency of the maker of a promissory note, through which he was induced to take the note, the making of which by a third party, and the indorsement of the same by the defendant to the…
1Opinion of the Court
Church, Ch. J.
This court, in Smith v. Knapp (30 N. Y., 581), held that, if a motion to set aside an order of arrest is not made before judgment, the defendant may be imprisoned on a ca. sa., issued on the judgment. But, if the judgment is recovered for a cause of action for which the defendant is not liable to arrest, he may then move to set aside the ca. sa., or be discharged from imprisonment. In that case, there were several causes of action set forth in the complaint, in some of which the defendant was liable to arrest, and in others not. An order of arrest had been obtained in the…
2Cases cited1 opinion
- Smith v. . KnappNew York Court of Appeals · 1864
3Cited by20 opinions
- Security Savings Bank v. MuellerSouth Dakota Supreme Court · 1981
- Graves v. . WaiteNew York Court of Appeals · 1874
- Shuman v. . StraussNew York Court of Appeals · 1873
- Levy v. BernhardAppellate Division of the Supreme Court of the State of New York · 1896
- Griffith v. HubbardSouth Dakota Supreme Court · 1896
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