Kedenburgh v. Morgan — 17 N.Y. Super. Ct. 646

Majority

p. 646

Kedenburgh et al. v. Morgan.

Headnote

It was decided in this case, that in an action on contract for the recovery of money, no execution can be issued on the judgment, against the body of the defendant, unless prior to judgment an order was made to arrest and hold him to bail.

Heard at Chambers, before Moncrief, J.

Heard in General Term, before Bosworth, Ch. J., and Wood-ruff, Pierrepont and Moncrief, J. J., December 31,1859; decided, January 14, 1860.

See the points decided, in the index to this volume, under the title, “Practice—Arrest."

And see the motion and appeal reported at length, with the opinion of the Court at General Term, in 18 How. Pr. R., 469.