Demuth v. Kemp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Kemp, from an order of the Supreme Court, made at the New York Special Term and entered ■ in the office of the clerk of the county of New York on the 7th day of January, 1909, denying the defendant’s motion to vacate an order directing that an execution issue under section 1391, of the Code of Civil Procedure.
1Opinion of the Court
McLaughlin, J.:
The defendant appeals from an order denying his application to vacate and set aside an order made ex parte directing an execution to isshe pursuant to section 1391 of the"Code of Civil Procedure against ten. per cent of the income derived from a trust created for his benefit by the will of his father.
The affidavit on which' the order directing the issuance of the execution was granted alleges that the- plaintiff recovered a jndg*547menfc on the 14th of May, 1902; that execution was issued thereon, which was returned unsatisfied; that the father of the judgment debtor died on the…
2Cases cited4 opinions
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Bottjer v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- King v. IrvingAppellate Division of the Supreme Court of the State of New York · 1905
- Ringe v. MortimerAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1911
- Brearley School, Ltd. v. WardAppellate Division of the Supreme Court of the State of New York · 1910
- Brearley School, Ltd. v. WardAppellate Terms of the Supreme Court of New York · 1910