3 Johns. 523 | N.Y. Sup. Ct. | 1808
delivered the opinion of the court. It is expressly stated in the case, that the execution was set aside for irregularity ; if so, this case is not distinguishable from that of Parsons v. Lloyd. (3 Wils. 345.) In that case, the court distinguished between erroneous, and irregular process ; the latter they held to be void and a nullity from the beginning; that, under the first, a party might justify until it be reversed, but not under an irregular process, because it was his own fault that it was irregular and void at first. The execution issued in favour
New trial granted.