Savage v. Sully — 217 N.Y. 676

Majority

p. 676

Grace W. Savage, Respondent, v. Daniel J. Sully, Appellant.

Headnote

Savage v. Sully, 168 App. Div. 131 , appeal dismissed.

(Submitted February 22, 1916;

decided March 7, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1915, which reversed an order of Special Term granting a motion for a permanent injunction to restrain the plaintiff, judgment creditor, from issuing a second execution against the person of the defendant, judgment debtor, after the body of the judgment debtor had been taken in execution by the sheriff and thereafter released upon a written instruction from the judgment creditor

p. 677

given upon the judgment debtor’s payment of a certain part of the judgment debt and his agreeing to pay the balance in monthly installments. The judgment debtor having failed to make the agreed payments he was threatened with arrest under the old or a new execution against his person.

John J. Jordan for appellant.

Walter L. Bunnell for respondent.

Appeal dismissed, with costs, on the ground that it is not from a final order; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Cardozo, Seabury and Pound, JJ.