Thompson v. Sargent

Decided July 15, 1862

New York Supreme Court · decided 1862-07-15

Motion to set aside an execution and return, and to vacate an s order in supplementary proceedings. j Judgment was recovered by William S. Thompson and others ] against Lydia Sargent, a married woman, for $567.79.

Cited by 1 later decisions — most recently October 1879

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-07-15

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Clerke, J.

¶1In 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;—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.

¶2Motion denied without costs.