New York Supreme Court, 1862

Thompson v. Sargent

Thompson v. Sargent
New York Supreme Court · Decided July 15, 1862 · Clerke
15 Abb. Pr. 452

Counsel

Arnold H. Wagner, for the motion., David C. Birdsall, opposed.

Thompson v. Sargent

Opinion of the Court

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*454rectory;โ€”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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