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21 Abb. N. Cas. 172

In re Johnson

New York Supreme Court

Decided January 15, 1887

New York Supreme Court · decided 1887-01-15

The return of the sheriff to a writ of habeas corpus directed to him, showed that he held the relator by virtue of -an execution against his person. It was claimed that the relator was illegally detained because he had not been served with a copy of the execution, under Code Civ.

Decided 1887-01-15

Lawrence, J.

¶1Section 131 of the Code of Civil Procedure, upon which the relator relies, does not refer to executions against the person. It relates to papers directed to-a prisoner in the sheriff’s custody. The execution against the person is directed to the sheriff, not to the prisoner, and-counsel have not referred me to any statutory provision requiring the sheriff to serve a Copy of such execution on the-prisoner. .

¶2I am therefore of the opinion that as the sheriff returns that he by one of his deputies arrested the prisoner by virtue-of an execution against his person, issuing out of the city court, and as that execution is regular on its face, this writ-should be dismissed and the prisoner remanded.

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