Jones v. Nicoll

This is a motion to vacate and set aside an order granted under section 1391 of the Code of Civil Procedure, directing the sheriff to make levy and to continue *484the same until paid of tc-n per cent, of the “ wages, salary or earnings ” of the judgment debtor. The judgment debtor is entitled to receive,, as appears by the affidavits presented, a sum in excess of $2,000 for services rendered as a condemnation commissioner, and said sum is now in the hands of the comptroller of -the city of ¡New York. When the statute was first enacted it was held that the section in question did not apply to an…