Kendenburg v. Morgan
The Superior Court of New York City
The defendant moved to set aside an execution against his person, on which he has been arrested, and is still held in custody. He was sued in this action, as the maker of two promissory notes, and judgment passed against him by default. The complaint is in the ordinary form of one in an action by the payee against the maker of a note. No order has been made to arrest the defendant and hold him to bail.
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The defendant moved to set aside an execution against his person, on which he has been arrested, and is still held in custody. He was sued in this action, as the maker of two promissory notes, and judgment passed against him by default. The complaint is in the ordinary form of one in an action by the payee against the maker of a note. No order has been made to arrest the defendant and hold him to bail. An exe cution against his property having been issued, and returned unsatisfied, the ca. sa. was issued which he now moves to set. aside. The motion is opposed on affidavits tending to show,…
1Opinion of the Court
Boswobth, Ch. Justice.
Section 178 of the Code declares, that no person shall be arrested in a civil action, except.as prescribed by that act, but that such provision shall not affect the act to abolish imprisonment for debt, and to punish fraudulent debtors, passed April 26th, 1831, or any act amending the same.
The latter act declares (Laws of 1831, p. 396, § 1,) that no person shall be arrested or imprisoned on any civil process, or *471execution, * * * , in any suit instituted for the recovery of any money, due upon any judgment or decree, founded upon contract, or due upon any contract,…
2Cited by1 opinion
- Stelle v. PalmerThe Superior Court of New York City · 1860