The New York herald., 1869-01-17
SUPREME couRT-cHAmBERs.
Important to Practitioncrs-When and How
Execution Against the Person May Issue.
Before Judge Cardozo.

Important 20 Practatn0ncrs-When and How
Execution Against the Person May Issue.
Before Judge Cardozo.
He'arV J. Cipper,v ct a. cs. Robert N. Lfttie.--In
this action for goods sold and delivered under
alleged fraudulent representations two executions
were issued against the Dody OF the defendant upon
the Judgment one to the Sherif Of Suffolk county
and the other to the Sher Of the city and county Of
New York. The defendant was under arrest BY the
Sheriff Of Suffolk county, and, at subsequent day.
ne was arrested by the shertr Of New York, and
upon the last arrest gave bail for the limits. On
motion TO set aside both OF said executions for rregu
arit MS Honor Judge Csrdozo rendered the follow
Il was irregular to issue an execution against the
body Of the defendant to the Sheriff Of this county
upon tho same Judgment issued against his body to
tho sheriff OF another county. But In fact the plain
defendants body ct ali. The action was on contract,
and the allegations OF fraud In the complaint were
wnony ,sy lrrsisvant Il is only when the cause Of
can go against the body where no order OF arrest
hes been granted. Motion granted without costs,
4 Q. .. Egan, counsel for defendant; H. ID. Goodwin
for plainthr.
The Express Companics' Lifignfion- EeccIv-
ership OF the Merchants Union Asked For.
Before Judge lngraham.
James W. BydtchrorG us. ElDa0re p. Ross et dl.--
Justice Ingraham yesterday granted order In this
action, on motion OF Strong and Sheppard, plant's
attorneys and on various afFidavits presented by
the requiring the defendants to show cause before
him on Monday next, at twelve O'Clock NJ, "why a
receiver should not be appointed Of the moneys and
property OF the defendants, the Merchants Union
Express Company, with the usual power and direc-
tions.n
Decisions Rendered.
Hyatt vs. Deysmore--Motlon granted.
A. Ailier et al. us. Adolph Motion denied,
with leave TO renew on payment Of ten dollars costs.
Moser rs. Legare-Motion denied, with ten dollars
costs.
Cutlsarfr,e bengal vs Anthony Denodr--Moton
denied, with leave TO renew on other papers.
Johnson et al rs Fr1etyenu et dL--Motion granted
on payment OF costs Of default and motion.
Nm. OslNalicr ps. c. A. WdddeH-Motlon granted
and reference ordered.
Mary A. Thomas rs. George w. Thomas--An add
tiona allowance OF i've per cent ordered.
Archer et al. rs Schtiitx co 0I-hotion granted ON
payment OF one days referees fees and ten dollars,
costs Of notion the case TO proceed before referee
on two days. notice.
Si,pker et al rs. Ross fc.-Motion granted on
payment Of ten dollars costs.
isaac Strauss cs Fettr Periirnetter. Motion de-
nicd.
Lelois rs Msad.-Motlon denied, costs to abide
event.
Hermen oppenAeimer vs. John q. As,cuter.-Mo-
tion denied.
Efsoayd Fuf,e ct a. rs John M. Nacbev.-Motion
denied with leave TO renew on other papers on pay
mcnt of ten dollars costs
CaroIfne Aind rs. Frank Arndt.-Report con-
crmcd and judgment OF divorce granted.
IN Ms Matter or tse SALISBURY Mus Mdntyfrcfurfng
tcular circumstances OF this sale resale should be
ordered. The sale may he In the city Of New York.
Tho purchaser n entitled to be repaid his ten per
ocnt paid and interest thereon nuctloneer's fees and
any expenses incurred by examination OF title Of
the proceeds OF the sale.