Heos v. McCloskey

Motion referred to the court that rendered the decision. Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. On December 7, 1936, appellant Theodore Heos recovered a judgment for $10,130.85, and appellant Peter Heos recovered a judgment for $3,000 in a negligence action. On July 1, 1949, appellants delivered to the Sheriff a body execution for $13,130.85, issued in 1937, which the Sheriff refused to execute. On February 8, 1950, Special Term denied appellants’ motion for an order directing the Sheriff to execute the 1937 body execution. On February 14, 1950, appellants appealed…