Edgerton v. Ford
New York Supreme Court
Appeal from order refusing to set aside execution. In this action an order of arrest was granted against the defendant, on the ground of fraud in contracting the debt for which the action was brought.
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Appeal from order refusing to set aside execution. In this action an order of arrest was granted against the defendant, on the ground of fraud in contracting the debt for which the action was brought. He moved to set it aside, but his motion was denied at special term; and on his appeal to the general term, the order denying the motion was reversed conditionally, on the ground that by accepting a note for the debt, and suing thereon, the plaintiff had waived the right to arrest. The terms of the order of reversal were as follows : “ Ordered, that the said order be, and the same is hereby…
1Opinion of the Court
By the Court.*—Sutherland, P. J.
The order of the general term was perfectly conclusive upon the justice who made the order at special term appealed from. He could not do otherwise than to deny the defendant’s motion to set aside the execution. That motion and this appeal from the order denying it, is but an attempt to get one general term to review the decision of another general term.
The order appealed from should be affirmed, with costs.
Bonney, J.
The defendant moved, at special term, to set aside an execution against his person, issued upon the judgment recovered in this action. The motion…
2Cited by1 opinion
- Faulkner v. MoreyNew York Supreme Court · 1880