Woodruff v. McGuire
New York Marine Court
This was an appeal from an order at special term, directing that the judgment herein be marked satisfied of record, and the defendant’s sureties released from all liability. The facts were, plaintiffs had a judgment against defendant, against whom an order of arrest had been granted in the action. Defendant had been a resident of New York city. Pending the action he removed to Brooklyn. Execution was issued against his property to the sheriff of New York county.
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This was an appeal from an order at special term, directing that the judgment herein be marked satisfied of record, and the defendant’s sureties released from all liability. The facts were, plaintiffs had a judgment against defendant, against whom an order of arrest had been granted in the action. Defendant had been a resident of New York city. Pending the action he removed to Brooklyn. Execution was issued against his property to the sheriff of New York county. None was issued to Kings county, the plaintiffs being ignorant of his change of residence. Execution was then issued against his…
1Opinion of the CourtMoAdam, J.
The order made in the Fourteen Day-Act proceedings discharged the defendant from imprisonment, but left the creditor free to pursue all the ordinary remedies upon his judgment (3 R. S. 6 ed. p. 26, § 12). This was the legal status of the parties when the consent was given, providing: 1. That the order made in said proceedings be vacated, and the proceeding itself discontinued; 2. That the execution issued against the defendant’s person be set aside. The judge below held that the legal effect of this consent not only-accomplished that which the original order for discharge contemplated, but…
2Cases cited9 opinions
- People v. JennesMichigan Supreme Court · 1858
- The People v. . CookNew York Court of Appeals · 1853
- People v. CookNew York Supreme Court · 1852
- Jackson ex dem. Tuttle v. GridleyNew York Supreme Court · 1820
- Cooper v. BigalowNew York Supreme Court · 1823
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