Linder v. Feier
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Lena Linder against Isidore Feier. From an order vacating an execution against defendant’s person in an action for breach of promise of marriage, plaintiff appeals.
1Opinion of the CourtBijur, J.
The learned judge below wrote a short memorandum to the effect that the motion was granted “for failure to comply with section 572 of the Code of Civil Procedure,” citing Perry v. Kent, 88 Hun, 407,. 34 N. Y. Supp. 843, affirmed 157 N. Y. 710, 53 N. E. 1130. Section 572, however, both in terms and by reason of the context, is plainly applicable only to discharge from an order of arrest, and has no reference to execution against the person. It was so held in Sweet *1067v. Norris, 12 Civ. Proc. R. 175, and that case is cited as authority for reversing an order similar to the one herein appealed from…
2Cases cited3 opinions
- People ex rel. Harris v. GillAppellate Division of the Supreme Court of the State of New York · 1903
- Perry v. KentNew York Supreme Court · 1895
- Perry v. HughesNew York Supreme Court · 1894