New York Supreme Court General Term Appeal Book

New York Supreme Court General Term Appeal Book

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: execution, if indeed that statute is applicable to a judgment in the Federal courts, which 1 very much doubt, or filing a creditor's bill, which, no doubt, would have been the proper practice. I do not suppose that it would be pretended that the bringing of an action upon the judgment could have in any manner interfered with our right to have proceeded immediately upon the judgment for its collection by execution or creditor's bill. It is true that had we not commenced an action upon that judgment, and held Mr. Meyer to bail therein, we should have been under the necessity of issuing an execution against his body, from an apprehension that otherwise he might leave the country. As the matter now stands he cannot leave the country so long as the order to hold to bail remains unimpaired. A motion will be made 1020 in the autumn, as I understand, to vacate that order, and to discharge Meyer on tiling common bail. If this motion should succeed, we shall be under the necessity of issuing an execution against his body immediately to prevent the possibility of his leaving the country. And in that event the suit now pending will become useless, and will be abandoned by us. It may be well enough to issue an execution against his property, in order to lay the foundation for a creditor's bill, and, in the event of his being discharged upon the motion to be made in the autumn, we can file a creditor's bill at once, and in that creditor's suit we may perhaps get a ne caveat, and thereby avoid the necessity of issuing an execution against his body. I am told upon pretty good authority that Meyer's assignees are not likely to get suflicient property into their hands under the assigment to pay the preferred creditors named therein, more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • United States
  • English
  • black & white illustrations
  • 1236754972
  • 9781236754974