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Kokomo Straw Board Co. v. Inman

51 N.Y. St. Rep. 12 Court N.Y. Sup. Ct. Decision date 1893-01-13 English

Contents

Majority

p. 12
The Kokomo Straw Board Co., Resp’t, v. Horace Inman et al., App’lts.
(Supreme Court, General Term, First Department,
Filed January 13, 1893.)

Headnote

Execution — Amendment—Mistake.
The court has power under § 723 of the Code to amend an execution by including interest inadvertently omitted, even after it has been collected and returned.
p. 13
Appeal from order amending an execution.
A clerk of plaintiff’s attorney by mistake failed to include accrued interest in an execution. After the collection and return of the execution, an order was procured for the amendment of the execution by including such interest, and its return to the sheriff.
Smith & White, for app’lts; William Ford Upson, for resp’t.

The case of Hatch v. Bank, 78 N. Y., 487 , shows that under § 723 of the Code the court had ample power to grant the relief contained in the order appealed from.

The order should be affirmed, with ten dollars costs and disbursements.

Van Brunt, P. J., O’Brien and Follett, JJ., concur.