1 How. Pr. 127
Decided March 15, 1845
New York Supreme Court · decided 1845-03-15
Motion by plaintiff to set aside the execution issued in this cause, and all subsequent proceedings on the part of defendant for irregularity, the execution having been issued since the death of the defendant.—Plaintiff’s papers show, that this was an action of covenant on a lease or agreement under seal. The cause came on to be tried at a circuit some months since in New York city. A non-suit was granted, on grounds not involving the merits of the cause.
Cited by 1 later decisions — most recently April 1866
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1845-03-15
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¶1The law appears to be well settled than an execution tested before the death of the party, although issued afterwards, is regular. Here the defendant died in vacation of October term, and execution was issued before January term, and tested of October term, which was prior to his death. It must be held regular.
¶2Decision.—Motion denied, with costs.