A Treatise on the Practice of the Supreme Court of the State of New-York; With an Appendix of Practical Forms Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846 edition. Excerpt: ...of issuing it shall arise. 2 R. S. 477, 576, 2. And, in such case, the year begins to run from the time when the executor or administrator qualifies. 23 Fl/endell, 477. 479. But no execution can issue on any such judgment, until the expiration of one year after the death of the party against whom the same was rendered. 2 R. S. 291, 368, 27. 9 Wendell, 452.(b) (a) And see 2 R. S. 283, 359, Q 8. (b) As to the proceedings by seire facias, see post, Part VII. Chap. II. As to docketting judgments against dead persons, and its efi'ect, see 2 R. S. 283,859, Q 7. 'l '.3 1."'_" V:32 ' IUDGMENT AND Part II. An execution however may, in certain cases, be issued after the death of a party, without a scire facias. See 10 Wendell, 207. 211. 1 Howard S. T. R. 127.(a) Death Q/' one or more of several plainliflis or defendanls. If one or more of several plaintiffs die before verdict is rendered, or in283 terlocutory or other judgment obtained, or between 'the time of verdict being rendered and judgment thereon, the action shall not be thereby abated, if the cause of action survive to the surviving plaintiff or plaintiffs; or, if one or more of several defendants die before final judgment, the action shall not be thereby abated: but, in either of these cases, such death being suggested on the record in its proper place, (b) the action shall proceed at the suit of the surviving plaintiff, or against the surviving defendant, as the case may require. 2 R. s. 307, 386, 1. 2 Arch. Pr. 299, 300. Where one oftwo plaintiffs dies afterjudgment, execution may issue without a scirefucias; but it must be in the joint names of both plainnet. 21 Wendell, 678. Death 4 husband or un_'/'e, pending the action..."