Davids v. Brooklyn Heights Railroad

This action was brought to recover damages from the defendant for an alleged assault committed upon the plaintiff by the defendant’s conductor. Upon the trial a verdict was rendered in favor of the defendant and thereafter judgment for costs entered against the plaintiff, and upon this judgment, execution against his property being returned unsatisfied, an execution was issued against his person under which he was arrested and- is now upon the jail limits. This motion is made to vacate the order of arrest.

There is no question but that prior to 1831, by the Revised Statutes, execution might…