Purchase v. Bellows
The Superior Court of New York City
Motion by plaintiff to set aside an execution against his person. This action was brought by John Purchase against George F. Bellows, to recover the possession of certain personal property alleged to be wrongfully detained, with damages for its detention. Judgment was rendered in favor of the defendant for the costs of the action.
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Motion by plaintiff to set aside an execution against his person. This action was brought by John Purchase against George F. Bellows, to recover the possession of certain personal property alleged to be wrongfully detained, with damages for its detention. Judgment was rendered in favor of the defendant for the costs of the action. After an execution upon this judgment, issued against the property of the plaintiff, had been returned, the defendant issued an execution against plaintiff’s person. The plaintiff now moved to set aside this execution.
1Opinion of the CourtRobertson, J.
The summons in this action is for the relief demanded in the complaint. That relief, is the recovery of the possession of certain specified property, or its value in case a delivery cannot be had, and damages for its detention. The cause of action set out in the complaint is the detention of such property, wrongfully, by the defendant.
The section of the Code, authorizing orders of arrest (§ 179), contains several subdivisions. The first provides for actions for the recovery of damages in a cause of action not arising on contract. The third, for actions to recover possession of personal *358propert…
2Cases cited1 opinion
- Mulvey v. DavisonThe Superior Court of New York City · 1852