¶1Thought there was no necessity for this motion; the execution was withdrawn, and notice given lefore any levy was made. The defendant’s papers were not fully prepared for the motion, when the notice of withdrawal was served, as appears on both sides. Motion denied, without costs to either party.
2 How. Pr. 178
Brown v. Ferguson
Decided June 15, 1846
New York Supreme Court · decided 1846-06-15
Motion by defendant to set aside execution, for irregularity. There was a copy of the execution in this cause attached to the moving papers, a seal of the .court of common pleas of the county of Putnam was stated to be attached to the original, and so marked on the copy, and the motion was made on the ground that the execution was issued without the seal of thr court.
Decided 1846-06-15