Vidrard v. Fradneburg
New York Supreme Court
Motion to set aside execution and imprisonment of defendant. There was a conflict in affidavits, and a referee has found “that no agreement w'as ever made discharging the ■defendant from execution.”
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Motion to set aside execution and imprisonment of defendant. There was a conflict in affidavits, and a referee has found “that no agreement w'as ever made discharging the ■defendant from execution.” After the defendant was in custody he instituted proceedings for his discharge in the Oneida county court, and they were heard before judge Jones from day to day, and when Saturday, December twenty-third, arrived they were not completed, and the defendant’s counsel told the court that as Monday following was Christmas, it was “ too bad ” to keep defendant in custody till Tuesday. Thereupon the…
1Opinion of the CourtHardin, J.
It is very well settled that if a creditor gives his debtor permission to go off the jail limits or to go at large, the right to imprison is gone, and the debtor cannot be again taken in execution for the same debt (2 East, 243; 5 Johns., 364; 16 id., 181; 7 Cow., 274; 8 id., 171; 9 id., 128; 3 Wend., 184). So, too, if the creditor consents to discharge one of several defendants all of the defendants are discharged and absolved from liability to arrest on the same judgment (44 Barb., 347). The referee has found as a fact that no agreement was ever made discharging the defendant from…
2Cases cited4 opinions
- Yates v. Van Rensselaer & SchemerhonNew York Supreme Court · 1810
- Kasson v. People ex rel. ReaseNew York Supreme Court · 1864
- Poucher v. HolleyNew York Supreme Court · 1829
- Powers v. WilsonNew York Supreme Court · 1827