In re Johnson
This text of 21 Abb. N. Cas. 172 (In re Johnson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Section 131 of the Code of Civil Procedure, upon which the relator relies, does not refer to executions against the person. It relates to papers directed to-a prisoner in the sheriff’s custody. The execution against the person is directed to the sheriff, not to the prisoner, and-counsel have not referred me to any statutory provision requiring the sheriff to serve a Copy of such execution on the-prisoner. .
I am therefore of the opinion that as the sheriff returns that he by one of his deputies arrested the prisoner by virtue-of an execution against his person, issuing out of the city court, and as that execution is regular on its face, this writ-should be dismissed and the prisoner remanded.
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21 Abb. N. Cas. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-johnson-nysupct-1887.