Carpenter v. . Willett

New York Court of Appeals

Carpenter v. . Willett

31 N.Y. 90

CourtNew York Court of Appeals

DecidedJanuary 5, 1865

StatusPublished

Cited by4 cases

This text of 31 N.Y. 90 (Carpenter v. . Willett) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carpenter v. . Willett, 31 N.Y. 90 (N.Y. 1865).

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Opinion

The opinion was given by Wright, J. A party had been arrested on an execution issued out of the third District Court of the city of Yew York. The judgment on which the execution issued did not state that the defendant was subject to arrest and imprisonment therein. The law (1857, ch. 344) provides that “ when a judgment is rendered in a case where the defendant is subject to arrest and imprisonment therein, it must be so stated in the judgment and entered on the docket.” The court held the execution to be void,' for the reason stated in the head-note.

This case is reported in 28 How., 225.

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The opinion was given by Wright, J. A party had been arrested on an execution issued out of the third District Court of the city of Yew York. The judgment on which the execution issued did not state that the defendant was subject to arrest and imprisonment therein. The law (1857, ch. 344) provides that “ when a judgment is rendered in a case where the defendant is subject to arrest and imprisonment therein, it must be so stated in the judgment and entered on the docket.” The court held the execution to be void,' for the reason stated in the head-note.

This case is reported in 28 How., 225.

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Bluebook (online)

31 N.Y. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-willett-ny-1865.

Opinion

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