Citation Numbers: 2 Hill & Den. 364
Judges: Cowen
Filed Date: 1/15/1842
Status: Precedential
Modified Date: 1/12/2023
By the Court,
No doubt, on the facts stated, the execution in this court is dormant in respect to those in
It is objected that the two executions in the common pleas issued before thirty days from the time of entering the judgments respectively had expired, in violation of the statute allowing that time. What this objection might amount to were it urged by Munger it is not necessary to say, for he makes an affidavit in support of this application, and has evidently consented that the executions might go within the time; at least he has waived the irregularity. The statute enlarging the time for issuing execution was intended for the exclusive benefit of the debtor. It belongs to our system of delaying creditors and exempting property from their executions for the ease of the debtor. He may waive all legal delays and exemptions in despite of third persons.
Rule accordingly.
See Ewen v. Terry, (8 Cowen, 126 ;) Story v. Patten, (3 Wend. 331.) Barbour's Law of Set-Off, 36, 37, and cases there cited.