 | New York (State), Member of the New-York Bar - 1851 - 410 páginas
...only by leave of court. — Leave, how obtained. — After the lapse of five years from the entry of judgment, an execution can be issued only by leave...motion, with personal notice to the adverse party, unless he be absent or non-resident, or cannot be found to make such service, in which case such service... | |
 | New York (State) - 1852 - 606 páginas
...issued only ly leave of court. Leave, how obtained. — After the lapse of five years from the entry of judgment, an execution can be issued only by leave...motion, with personal notice to the adverse party, unless Tie le absent or nonresident, or cannot le found to make such service, in which case such service... | |
 | New York (State) - 1855 - 802 páginas
...issued only Ъу leave of court. Leave, how obtained. After the lapse of five years from the entry of judgment, an execution can be issued only by leave...motion, -with personal notice to the adverse party, unless he be absent or non-resident, or cannot be found to make such service, in which case such service... | |
 | Nathan Howard (Jr.) - 1856 - 612 páginas
...manner, and with the same effect, as if the judgment debtor were still living." Section 284 says, " Execution can be issued only by leave of the court,...motion, with personal notice to the adverse party, unless he be absent, or non-resident, or cannot be found to make such service ; in which case such... | |
 | Nathan Howard (Jr.) - 1856 - 626 páginas
...and warrant of attorney ; and by the Code, (§ 284,) after the lapse of five years from the entry of judgment, an execution can be issued only by leave of the court, upon motipn, with personal notice to the adverse party, unless he be absent, &c. This is on the principle,... | |
 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 672 páginas
...execution, or whether the order made in 1851 can be considered as a substitute for such permission. I cannot adopt the conclusion that the order of April,...leave, it is necessary that satisfactory proof should Le furnished that the whole or part of the judgment was due. The intent of this section evidently was,... | |
 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 666 páginas
...concurred. BRADY, J. (dissenting). — Section 284 of the Code provides that, after the lapse of five years, an execution can be issued only by leave of the court,...motion, with personal notice to the adverse party, unless ho be absent, &c. ; and on its being established by the oath of the party, or other satisfactory... | |
 | Wisconsin - 1861 - 390 páginas
...provided in this act. SECTION 2. After the lapse of five years from the b^eVv h e"f°com-t entry of judgment, an execution can be issued only by leave...motion, with personal notice to the adverse party, unless he be absent, or non-resident, or cannot be found to make such service, in which case such service... | |
 | Nathan Howard (Jr.) - 1862 - 586 páginas
...deceased party. Section 284 [239,] which provides that " after the lapse of five years from the entry of judgment, an execution can be issued only by leave of the court, upon motion," is only applicable where the parties to the judgment are living. Under any other construction sections... | |
 | Henry Whittaker - 1863 - 1154 páginas
...1849. Substantially the same in 1848. § 284. (239.) After the lapse of five years from the entry of judgment, an execution can be issued only by leave...motion, with personal notice to the adverse party, unless he be absent or non-resident, or cannot be found to make such service, in which case such service... | |
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After the lapse of five years from the entry of judgment, an execution can be issued only by leave of the court, upon motion... 
