Wood v. . Henry
New York Court of Appeals
This is an appeal from an order of the General Term of the Supreme Oourt in the first judicial district, affirming an order of the Special Term setting aside executions issued against the persons of the defendants.
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This is an appeal from an order of the General Term of the Supreme Oourt in the first judicial district, affirming an order of the Special Term setting aside executions issued against the persons of the defendants. The judgment was taken hy default, for want of an answer, in favor of the plaintiffs, against the defendants, for $1,726.38. Executions against property, having been returned unsatisfied, the executions against the persons of the defendants, which were set aside by the order appealed from, were issued. No order of arrest had ever been obtained in the action. The complaint, after…
1Opinion of the CourtWoodbuff, J.
The Code of Procedure, in section 179, authorizes an arrest, in certain specified actions, in which the cause of arrest is identical with the causé of action. In such cases, the complaint, if it states facts constituting a cause of action, necessarily states facts, which, if established by á recovery and judgment, conclusively show that the defendant was liable to arrest, under the provisions of that section.
It authorizes an arrest, in certain other cases, in which the cause of action may be complete and perfect, but where no cause of anbst is necessarily involved therein. The right of…
2Cited by24 opinions
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Wallace v. BaisleyOregon Supreme Court · 1892
- Roberts v. . ProsserNew York Court of Appeals · 1873
- Griffith v. HubbardSouth Dakota Supreme Court · 1896
- Prouty v. . SwiftNew York Court of Appeals · 1873
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