Dorland v. Dorland

5 Cow. 417 | N.Y. Sup. Ct. | 1826

Curia.

The second execution was irregular. The farthest we have gone, before the first execution returned, is, to allow another in a county different from the one to which the first issued. The consent of Borland cannot affect the rights of Willets. The second fi. fa. and all subsequent proceedings upon it, must be set aside with costs, on the defendant, Willets, stipulating to bring no action for the levy under it.

Rule accordingly.