60 N.Y. St. Rptr. 839

Samuel Kreiser, Resp’t, v. Cyrus Scofield et al., App’lts.

(New York City Court, General Term,

Filed June 20, 1894.)

Execution—Body—Liability.

All persons, having anything to do with a void body execution, are in law wrongdoers and jointly and severally liable for any damage done the injured person.

Fitzsimons, J.

The order of the supreme court dated May 12, 1891, declared the body execution issued against plaintiff to be void and unlawful. Every person having anything to do with such a process is in law a wrongdoer and liable for any damage done the injured person. There is testimony in the case showing that the defendant McCrea was one of the persons connected with the issuance of said execution ; therefore, he and all others having anything to do with the issuance of said execution were jointly and severally liable to plaintiff for any damage done him. The testimony also establishes that the defendant Scofield had to do with the issuance of said execution; thus his liability is also established. The judgment must be affirmed with costs. Newburger, J., concurs.

Kreiser v. Scofield
60 N.Y. St. Rptr. 839

Case Details

Name
Kreiser v. Scofield
Decision Date
Jun 20, 1894
Citations

60 N.Y. St. Rptr. 839

Jurisdiction
New York

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