McSmith v. Van Deusen

New York Supreme Court

McSmith v. Van Deusen

9 How. Pr. 245

DecidedMay 15, 1854

StatusPublished

This text of 9 How. Pr. 245 (McSmith v. Van Deusen) 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.

Bluebook

McSmith v. Van Deusen, 9 How. Pr. 245 (N.Y. Super. Ct. 1854).

Pincite

Opinion

Parker, Justice, denied the motion, and held, that no motion for leave to issue execution was necessary, except in cases where no execution had been issued within the five years, thus agreeing with Mason, J., in Pierce agt. Crane, (4 How. Pr. Rep. 257,) and differing from Mitchell, J., in Currie agt. Noyes, (1 Code Reporter, 198, new series.)

He held that where an execution had been issued within the five years, the party might issue execution at any time thereafter without application to the court.

Free access — add to your briefcase to read the full text and ask questions with AI

Parker, Justice, denied the motion, and held, that no motion for leave to issue execution was necessary, except in cases where no execution had been issued within the five years, thus agreeing with Mason, J., in Pierce agt. Crane, (4 How. Pr. Rep. 257,) and differing from Mitchell, J., in Currie agt. Noyes, (1 Code Reporter, 198, new series.)

He held that where an execution had been issued within the five years, the party might issue execution at any time thereafter without application to the court.

Cite This Page — Counsel Stack

Bluebook (online)

9 How. Pr. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcsmith-v-van-deusen-nysupct-1854.

Opinion

Related

Cite This Page — Counsel Stack