Goodwin v. . Griffis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 29, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The court erred in refusing the motion for a nonsuit, as the execution against the person of Hunger was illegal and void.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 29, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The court erred in refusing the motion for a nonsuit, as the execution against the person of Hunger was illegal and void. (Code of Civil Procedure, §§ 1372, 1489.) The judgment in the original action, in favor of the plaintiffs against Hunger and Kipp, was not one upon…
1Opinion of the CourtMiller, J.
This action is brought against defendant as sheriff of the county of Genesee, for the escape of a prisoner held in custody by virtue of an execution against the body. The county judge of Genesee county made an order releasing and discharging the prisoner from imprisonment under the execution, and he was discharged by the sheriff accordingly. If the discharge of the prisoner was legal and valid the sheriff was fully protected and the action cannot be maintained. The order is assailed on various grounds which will be considered, and the question is whether jurisdiction was conferred which…
2Cases cited12 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Bullymore v. . CooperNew York Court of Appeals · 1871
- Dunford v. . WeaverNew York Court of Appeals · 1881
- Tripp v. RileyNew York Supreme Court · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- People v. Ah TeungCalifornia Supreme Court · 1891
- People v. . WoodNew York Court of Appeals · 1890
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Missouri, Kansas & Texas Railway Co. v. Hutchings, Sealy & Co.Supreme Court of Kansas · 1908
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