Renick v. Orser
The Superior Court of New York City
This action comes before the Court at General Term, on a verdict taken subject to the opinion of the Court on questions of law 'arising at the trial, and there ordered to be heard in the first instance at the General Term.
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This action comes before the Court at General Term, on a verdict taken subject to the opinion of the Court on questions of law 'arising at the trial, and there ordered to be heard in the first instance at the General Term. This action was commenced on the 12th of April, 1856, and was tried before Mr. Justice Hoffman and a jury, January 29, 1858. It appeared on the trial that on the 15th of September, 1854, the plaintiff recovered in this Court a judgment against Solomon Poly for $512.04, in an action to recover the price of goods sold and8 delivered by the plaintiff to Poly. , That on or…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
On the argument before us, the counsel for the defendant submitted the following points, (and neither argued nor suggested any other,) viz.:
*388“I. The execution against the person of Poly was void; no execution against his property having been previously issued and returned. (Code, §§ 178, 288, 283; 3 Abbott, 229.)
“II. If Poly had been legally arrested his escape took place as early as March, 1855. This action was not commenced until April, 1856. It should have been brought within the year. (Code, §94.)
“ If it is stated that Poly returned into custody after the…
2Cases cited4 opinions
- Patterson v. WesterveltNew York Supreme Court · 1837
- Ames v. WebbersNew York Supreme Court · 1832
- President of the Ontario Bank v. HallettNew York Supreme Court · 1828
- Van Hoesen v. HolleyNew York Supreme Court · 1832