Delamater v. Russell
New York Supreme Court
—-This was an action brought to recover damages for criminal conversation with plaintiff’s wife, in which plaintiff recovered judgment for $526.62 damages and costs. An execution against the defendant’s property was returned unsatisfied, after which an execution was issued against the person of the defendant, under which he was arrested and imprisoned in Columbia county.
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—-This was an action brought to recover damages for criminal conversation with plaintiff’s wife, in which plaintiff recovered judgment for $526.62 damages and costs. An execution against the defendant’s property was returned unsatisfied, after which an execution was issued against the person of the defendant, under which he was arrested and imprisoned in Columbia county. The defendant now moved to set aside the latter execution on the ground that it was not authorized by the code in an action for crim. con.
1Opinion of the Court
Parker, Justice.
Section 288 of the code provides that an execution may be issued against the person of the judgment debtor, if the action be one in which the defendant might have been arrested, as provided in section 179 and section 181.
Section 179 authorizes the arrest of a defendant “ in an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of this state, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring or for wrongfully taking, detaining, or converting…
2Cited by8 opinions
- Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891
- Hutcherson v. DurdenSupreme Court of Georgia · 1901
- Leicester v. HoadleySupreme Court of Kansas · 1903
- Baker v. BakerNew York Supreme Court · 1885
- Breiman v. PaaschNew York City Court · 1879
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