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

3 Wend. 331

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.