General
Charles H. Davids, Appellant, v. The Brooklyn Heights Railroad Company, Respondent
182 N.Y. 526·New York Court of Appeals·1905·NY
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Opinion
Charles H. Davids, Appellant, v. The Brooklyn Heights Railroad Company, Respondent.
(Argued June 2, 1905;
decided June 16, 1905.)
Davids v. Brooklyn Heights R. R. Co., 104 App. Div. 23, affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered. April 21, 1905, which reversed an order of the Kings County Court vacating an execution in the above-entitled action.
The following question was certified :
“ May an execution against the person issue on the judgment recovered herein?”
Robert Stewart, Thomas F. Magner and Donald B. Smith for appellant.
Darius A. Marsh and George D. Yeomans for respondent.
[MAJORITY]
Order affirmed, with costs, on opinion below, and question certified answered in the affirmative.
Concur: Cullen, Oh. J., Gray, O’Brien, Bartlett, Haight, Yann and Werner, JJ.