Schenck v. Erwin
New York Supreme Court
Appeal from order of Chemung county judge. Action by Mathias Schenck and Frank L. Pease against Arthur B. Erwin. From an order in supplementary proceedings denying a motion to vacate an order directing defendant’s debtor to pay plaintiffs $129, such debtor, Francis Erwin, appeals.
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Appeal from order of Chemung county judge. Action by Mathias Schenck and Frank L. Pease against Arthur B. Erwin. From an order in supplementary proceedings denying a motion to vacate an order directing defendant’s debtor to pay plaintiffs $129, such debtor, Francis Erwin, appeals. Plaintiffs recovered a judgment against Arthur B. Erwin before a justice of the peace in Steuben county, and a transcript was filed and judgment docketed in the clerk’s office of Chemung county, and an execution was issued to the sheriff of that county, and returned unsatisfied. Supplementary proceedings were…
1Opinion of the CourtMartin, J.
On February 12, 1891, the county judge of Chemung county made an order requiring the appellant to pay to the receiver herein the sum of $129. The single question in this case is whether the judge making that order had jurisdiction. If he had no jurisdiction to make the order, then he erred in refusing to vacate it. He acquired no jurisdiction over Francis Erwin, who was examined as a third person having property of the judgment debtor, under or by virtue of the order issued by the Steuben county judge. The county judge of Steuben county had no authority to issue such an order. It could be…
2Cited by1 opinion
- Franey v. SmithNew York Supreme Court · 1895