Olmsted v. Vredenburgh
New York Supreme Court
The action was brought to recover an alleged demand against the estate of Peter Vredenburgh, deceased. Issue having been joined in the action, the same was tried before a referee, who reported that there was due to the plaintiff the sum of $172 28 cents. Upon motion for that purpose, costs were allowed to the plaintiff, and judgment was perfected for the amount of the report and the costs.
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The action was brought to recover an alleged demand against the estate of Peter Vredenburgh, deceased. Issue having been joined in the action, the same was tried before a referee, who reported that there was due to the plaintiff the sum of $172 28 cents. Upon motion for that purpose, costs were allowed to the plaintiff, and judgment was perfected for the amount of the report and the costs. On the 20th of June, 1854, the plaintiff issued execution upon the judgment to the sheriff of Ulster. It is stated, in the affidavit upon which the motion is founded, that the execution had been issued…
1Opinion of the Court
Harris, Justice.
The defendants’ attorney states, in his affidavit, that the execution in question had been issued against the individual property of the defendants, and that the sheriff had levied upon the personal property of one of the defendants. The plaintiff’s attorneys, on the other hand, state that the execution was issued against the defendants, as executors of the last will and testament of Peter Vredenburgh, deceased, and not against them in their individual capacity. What is, in fact, the form of the execution, does not appear. But I think enough appears to show that the execution…
2Cited by3 opinions
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