Hutchinson v. . Brand
New York Court of Appeals
Action against the defendant as sheriff of Madison county, for an escape. The plaintiff had recovered a judgment against one Lathrop in an action for wrongful conversion of property, for $67.77, on which an execution against property had been issued and returned unsatisfied.
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Action against the defendant as sheriff of Madison county, for an escape. The plaintiff had recovered a judgment against one Lathrop in an action for wrongful conversion of property, for $67.77, on which an execution against property had been issued and returned unsatisfied. Thereupon,' on the 26th of May, 1849, an execution against the person of Lathrop was issued to the defendant, reciting the judgment as prescribed by § 289 of the Code, and concluding as .follows: “You are therefore required to arrest the said Abram Lathrop and commit him to the jail of said county of Madison till he shall…
1Opinion of the Court
"Willard, J.
An execution issued upon a judgment is declared by.the 286th section of the Code to be the process of the court. By the same section the seal of the court and signature of the clerk are dispensed with. The 289th section declares what must be stated in an execution. The execution in this case contained all that is required by that section to be stated. The same section enacts that it shall require the sheriff substantially, if it be against the person of the judgment debtor, to arrest such debtor and commit him to the jail of the county until he shall pay the judgment or be…
2Cases cited1 opinion
- Ames v. WebbersNew York Supreme Court · 1832
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- Banning v. RoyOregon Supreme Court · 1905
- Carpentier v. WilletNew York Court of Appeals · 1864
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