Lasche v. Dearing
New York Supreme Court
Motion to set aside an execution against the person in an.action for negligence. " ...
1Opinion of the CourtJohnson, J.
A judgment has been recovered in this action against the defendant for over $1,000, and he is now held under execution against the person. Application to release him is made on the ground that this is not an action in which an execution against the person is allowed, no order of. arrest having been made.
The pleadings show that the action was for an injury- caused by the breaking of the ropes sustaining a dumb-waiter. The allegation of the complaint is that the defendant owned the building, and was negligent in not repairing the ropes, having knowledge that they were out of repair; it is also…
2Cases cited2 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1885
- Miller v. WoodheadNew York Supreme Court · 1889
3Cited by3 opinions
- Ossmann v. CrowleyAppellate Division of the Supreme Court of the State of New York · 1905
- Gallagher v. DolanNew York Supreme Court · 1899
- Davids v. Brooklyn Heights Railroad, New York County Courts1904