20 Johns. 307
Decided October 15, 1822
New York Supreme Court · decided 1822-10-15
J. A'. SPEJYCER moved to set aside the capias ad satisfaciendum in this cause, on the ground that the judgment-roll was not filed in the clerk’s office, at the time the ca. sa. was is-7 sued. It was admitted, that the rule for judgment was duly entered, and the judgment-roll regularly signed before the ca. sa. issued; but the record was not filed until afterwards, though before notice of the present motion.
Cited by 1 later decisions — most recently October 1840
Good law ✅— No negative treatment on recordhow we know
Decided 1822-10-15
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¶1It has been the established and invariable practice of this Court, for more than thirty years, to require the judgment-roll to be filed with the clerk, before issuing execution. It is, therefore, unnecessary to take notice of the practice of the English Courts. The motion to set aside the execution ought to be granted, on the defendant’s stipulating not to bring an action for false imprisonment.
¶2Per totam Curiam.
¶3Rule accordingly.