People v. Carlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George H. Carlin, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Hamilton on the 4th day of August, 1919, giving the plaintiff leave to issue ' execution on a judgment recovered in ejectment in this action, which judgment was entered in the office of the clerk of the county of Hamilton on the 15th day of June, 1904. Appeal by the defendant, George H. Carlin, from an order…
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Appeal by the defendant, George H. Carlin, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Hamilton on the 4th day of August, 1919, giving the plaintiff leave to issue ' execution on a judgment recovered in ejectment in this action, which judgment was entered in the office of the clerk of the county of Hamilton on the 15th day of June, 1904. Appeal by the defendant, George H. Carlin, from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of- the clerk of the county of…
1Opinion of the Court
John M. Kellogg, P. J.:
The plaintiff has felt it necessary, or at least advisable, to ask leave to issue execution. The motion should be seriously considered and, if plaintiff is not entitled to the order of the court for any reason, the order appealed from should be reversed and the parties relegated to their legal rights. The granting of the order, upon the facts shown, even if unnecessary, may prejudice the defendant. Each suitor is entitled to a fair field, unincumbered by unnecessary court orders.
The policy of the law, as indicated by sections 1375 and 1377 of the Code of Civil…
2Cases cited2 opinions
- People v. . LadewNew York Court of Appeals · 1907
- People v. . InmanNew York Court of Appeals · 1910
3Cited by5 opinions
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- Banco Territorial y Agrícola de Puerto Rico v. MarcialSupreme Court of Puerto Rico · 1932
- Luis Alfredo Paris Giboyeaux v. Flora RamosSupreme Court of Puerto Rico · 2002
- Manger v. GoldingAppellate Division of the Supreme Court of the State of New York · 1925
- Molnar v. Long Island Amusement Corp.Appellate Division of the Supreme Court of the State of New York · 1938