2 Sandf. 621
The Superior Court of New York City
Decided November 15, 1848
The Superior Court of New York City · decided 1848-11-15
Motion before a justice of the court at chambers, to discharge a defendant from arrest upon a warrant issued under the act of 1831, to abolish imprisonment for debt in certain cases. The summons and complaint were delivered to the sheriff to be served on the defendant, before application was made for the warrant, but the warrant was issued, before either the summons or complaint were served. In fact the sheriff served all three at the same time.
Decided 1848-11-15
¶1The warrant was clearly void. Section 106 of the code (of 1848,) applies, and the suit was not commenced when it was issued. The 79th section relates merely to saving the statute of limitations. The defendant must be discharged. I am asked to impose as a condition that he will not sue for false imprisonment, but I have no control over the matter.
¶2Defendant discharged.