People ex rel. Ransom v. Onondaga C. P.

New York Supreme Court

People ex rel. Ransom v. Onondaga C. P.

3 Wend. 331

CourtNew York Supreme Court

DecidedOctober 15, 1829

StatusPublished

Cited by5 cases

This text of 3 Wend. 331 (People ex rel. Ransom v. Onondaga C. P.) 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

People ex rel. Ransom v. Onondaga C. P., 3 Wend. 331 (N.Y. Super. Ct. 1829).

Pincite

Opinion

By the Court,

Savage, Ch. J.

An execution is an entire thing. If a plaintiff in a judgment issues an execution, and directs an amount less than the whole sum to which he is entitled to be levied, he cannot subsequently issue another execution for the balance. It cannot be permitted that a defendant should thus be harrassed by repeated executions. The common pleas erred in denying the motion of the relator, wherefore, let an alternative mandamus issue.

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By the Court,

Savage, Ch. J.

An execution is an entire thing. If a plaintiff in a judgment issues an execution, and directs an amount less than the whole sum to which he is entitled to be levied, he cannot subsequently issue another execution for the balance. It cannot be permitted that a defendant should thus be harrassed by repeated executions. The common pleas erred in denying the motion of the relator, wherefore, let an alternative mandamus issue.

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Bluebook (online)

3 Wend. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-ransom-v-onondaga-c-p-nysupct-1829.

Opinion

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