5 Cow. 440
Decided May 15, 1826
New York Supreme Court · decided 1826-05-15
The Judgment was perfected against the defendants, as heirs and devisees, in February term last. John Phillips was an adult; the other defendants were, and still are infants. The plaintiff’s attorney issued executions against all the defendants within the year; contrary to the statute (sess. 36, ch. 93, s. 6, 1R. L. 318.) On the 27th of April (Thursday) the defendants gave notice of a motion to set aside the executions.
Decided 1826-05-15
¶1The statute was clearly m tde for the protection of the infants only, not adults, whether joined with them or not. The motion must be denied.
¶2Rule in each cause ; that the motion be denied; that the plaintiff pay the costs of the defendants’ motion up to the time when the offer to pay was made.
¶3No costs of this motion.