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16 Abb. Pr. 399

Pettengill v. Mather

New York Supreme Court

Decided November 15, 1863

New York Supreme Court · decided 1863-11-15

In March, 1861, Samuel M. Pettengill recovered judgment against Robert E. Mather, for $1,536.08. Subsequently the plaintiff obtained an order for leave to issue an execution against the person of the defendant, which was affirmed by the general term. (12 Ante, 436.) Execution was accordingly issued, and the defendant gave bail for the jail limits. In March, 1862, the plaintiff consented, in writing, that the sheriff should release the defendant from imprisonment.

Cited by 1 later decisions — most recently December 1907

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-11-15

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By the Court.*—Leonard, J.

¶1The order appealed from should be affirmed; The defendant is entitled to the benefit of the discharge only as a defence to future legal proceedings against him. He was also bound, if entitled to a satisfaction, to prepare it and attend the plaintiff with it, and offer to pay the expense of its execution. The authorities cited, do not bear out the defendant’s proposition. In most of the cases cited, the judgments sought to be satisfied of record, have been paid.

¶2Order affirmed with costs.

¶3 Present, Sutherland, P. J., Leonard and Barnard, JX

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