Thompson v. Sargent

15 Abb. Pr. 452
New York Supreme Court·Decided July 15, 1862·Published·Cited by 1 cases

Opinion

Clerke, J.

In the execution against a married woman it is not necessary to its vitality that it should contain the words contended for. The words in the amendment are merely di[454] rectory;—of course the sheriff cannot levy on any other property than the separate property, and unless the execution contains a contrary direction there would be no danger that the sheriff would levy on any othei*. I hold, therefore, that the execution is valid. Being valid, I also hold that all provisions of the Code in aid of, or supplementary to the execution, apply to this execution, as well as to any other.

Motion denied without costs.

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Thompson v. Sargent, 15 Abb. Pr. 452 (N.Y. Super. Ct. 1862).

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31 N.J. Eq. 647 (New Jersey Superior Court App Division, 1879)