Bonesteel v. Garlinghouse
New York Supreme Court
APPEAL by the defendant from an order made at a special term, denying a motion to vacate and discharge the judgment entered in this action. On the 30th of November, 1870,. the plaintiffs obtained a judgment in this court against the defendant, for $1050 and costs.
Read the full summary
APPEAL by the defendant from an order made at a special term, denying a motion to vacate and discharge the judgment entered in this action. On the 30th of November, 1870,. the plaintiffs obtained a judgment in this court against the defendant, for $1050 and costs. On the 14th of January, 1871, the plaintiffs issued an execution against the defendant to the sheriff of Ontario county, upon and by virtue of which the sheriff seized the body of the defendant and' imprisoned him in the jail of Ontario county, for the space of three days, and then voluntarily discharged him from’ arrest, under an…
1Opinion of the Court
By the Court, Johnson, J.
If a creditor give his debtor in execution permission to go at large, beyond the jail or its liberties, the judgment is absolutely discharged. (Powers v. Wilson, 7 Cowen 274. Lathrop v. Briggs, 8 id. 171. Ransom v. Keyes, 9 id. 128. Poucher v. Holley, 3 Wend. 184. Kasson v. People ex rel. Rease, 44 Barb. 347.) And this is so, even where the debtor agrees, in consideration of such permission, that he will still be bound by the judgment, and that the plaintiff may re-arrest him on another execution, in case he does not pay the judgment. ( Yates v. Van Rensselaer, 5…
2Cases cited5 opinions
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Gould v. GlassNew York Supreme Court · 1855
- Yates v. Van Rensselaer & SchemerhonNew York Supreme Court · 1810
- Kasson v. People ex rel. ReaseNew York Supreme Court · 1864
- Poucher v. HolleyNew York Supreme Court · 1829
3Cited by3 opinions
- Merritt v. SeamanNew York Court of Appeals · 1852
- Schillinger Fire-Proof Cement & Asphalt Co. v. ArnottNew York Supreme Court · 1891
- Woodruff v. McGuireNew York Marine Court · 1880