Wagoner v. Brady

Plaintiff had judgment against defendant Brady and one Van Wormer for deficiency on mortgage foreclosure, amounting to $2,148.19. It was docketed in the Albany county clerk’s office January 10, 1918. The plaintiff applied on notice at Special Term December 18, 1926, for leave to issue execution, more than five years having elapsed since the entry of said judgment. The application for leave was made only as to defendant Brady, the defendant Van Wormer having been released. The application was resisted by Brady, but the order was granted and this appeal was taken.

The facts out of which the…