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Douw v. Burt

1 Wend. 89 Court N.Y. Sup. Ct. English

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Majority

p. 89
Douw vs. Burt.

Headnote

Leave to issU0 * new, execytion, where the first is lost, after levy and sale, will not be granted, but the°defendant°
Motion to issue a new execution ; the execution issued in the cause having been accidentally lost, after a levy and sale ° J J of real estate.

„ denied the motion, notice of the application not having been given to the defendant; the court saying, that leave to issue a new execution, in such a case, is never granted but upon notice.