Grantman v. Thrall
New York Supreme Court
This was an appeal by the defendant from an order at special term, denying motion for an attachment against the guardian, for costs of the action. The defendant had judgment for costs of the action, and issued his execution to collect the same, which was duly returned wholly unsatisfied» Thereupon he duly demanded payment of such costs from the guardian, who refused to make payment.
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This was an appeal by the defendant from an order at special term, denying motion for an attachment against the guardian, for costs of the action. The defendant had judgment for costs of the action, and issued his execution to collect the same, which was duly returned wholly unsatisfied» Thereupon he duly demanded payment of such costs from the guardian, who refused to make payment. Upon an affidavit of the facts and notice, the defendant moved, at special term, for an attachment against such guardian, in the nature of a ca. sa., to enforce such payment. The guardian resisted the motion, upon…
1Opinion of the Court
By the court, Johnson, J.
This court decided this precise question at the last December general term, in the case of Gardner, Guardian agt. Joel. In that case the attachment was granted against the guardian in a case like this, the guardian showing by affidavit, as in this case, his entire want of property subject to execution, and his utter inability, pecuniarily, to pay the costs. That order was affirmed on appeal to the general term, the court holding, both at special and general term, that the facts set out in the affidavit of the guardian, of his want of property, was no answer to the…
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- Wice v. Commercial Fire InsuranceNew York Court of Common Pleas · 1877
- Granholm v. SweigleNorth Dakota Supreme Court · 1893
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