New York Supreme Court, 1829

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

People ex rel. Ransom v. Onondaga C. P.
New York Supreme Court · Decided October 15, 1829 · Savage
3 Wend. 331
People ex rel. Ransom v. Onondaga C. P.

Opinion of the Court

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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