Legal Opinion
Ritterman v. Ropes
The Superior Court of New York City
Decided June 1, 1885Published
Appeal from order denying defendant’s motion to set aside an execution against his person. Action for damages for personal injuries, viz.: the loss of an eye, caused by defendant’s negligence. Plaintiff obtained a verdict for $8,000, which was confirmed by the general term (51 Super. Ct. 25), and, after return of execution against the property unsatisfied, issued an execution against defendant’s person, no order of arrest having been obtained in the action.
1Opinion of the Court
The following opinion was delivered at special term f
Truax, J.
“ Section 1487 of the Code of Civil Procedure authorizes the issuing of an execution against the person of the judgment debtor, when the plaintiff’s right to arrest the defendant depends upon the nature of the action. One of the cases in which the right to arrest depends on the nature of the action, is where the action is brought to recover damages for a personal injury *237(§ 519). In this case, the person of the plaintiff was injured through the negligence of the defendant, who has been arrested on an execution against the person.…
Also in this document: Per curiam.
2Cases cited8 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- Miller & Becker v. ScherderNew York Court of Appeals · 1849
- Gibbs v. LarrabeeWisconsin Supreme Court · 1868
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