Hyperlawhypertext legal database People v. Allen 9 Wend. 224

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People v. Allen

9 Wend. 224 Court N.Y. Sup. Ct. English

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Majority

p. 224
The People vs. Allen, coroner, &c.
NEW-YORK,
May, 1832.

Headnote

The suing out of a writ of error does not excuse the officer to whom the execution is issued from proceeding, unless hail is duly put in.

The defendant, brought up on an attachment for not returning an execution, objected that the defendant in the suit in which the execution was issued had duly sued out a writ of error to remove the judgment. By the Court. That is no excuse ; unless the defendant has' obtained a stay of the execution by putting in and perfecting bail, the plaintiff is entitled to have execution of his judgment. You must pay the" amount of the execution or stand committed.