18 Abb. N. Cas. 235
Decided February 15, 1887
New York Supreme Court · decided 1887-02-15
Motion that the defendant be discharged from the custody of the sheriff of the city and county of New York. Judgment was rendered in favor of plaintiff on January 16, 1886. An execution against the property of the defendant was issued to the defendant February 18, 1886, and returned unsatisfied March 27, 1886. An execution was also issued to the sheriff April 24, 1886, which was on the same day returned unsatisfied.
Decided 1887-02-15
¶1[after stating facts as above.]—It seems tó me
¶2that he is entitled to his discharge (see Laws of 1886, chapter 672, and the elaborate opinion of Justice Potter in People ex rel. Lust v. Grant [reported ante, 220]). As the actual custody of the defendant commenced on the 20th day of July, 1886, it is obvious that he has been imprisoned for more than six months.
¶3Motion granted and prisoner discharged.