Watt v. Healy

Barrett, J.;

More than three months having elapsed since the entry of judgment, and the plaintiff having neglected to issue execution against the person, the defendant moved for his discharge under section 512 of the Code of Civil Procedure. The motion was opposed upon two grounds : first, that the defendant was not in actual custody; second, that an execution against the person had been issued before the motion to discharge was made. The court below granted a supersedeas, and ordered the defendant’s discharge from custody whether under the order of arrest or the execution. It appeared as…