Legal Opinion

Laird v. . Carton

New York Court of Appeals

Decided October 19, 1909PublishedCited by 77 opinions

Appeal, by permission, from, an order of the Appellate Division, of the Supreme Court in the first judicial department, entered May 11,1909, which reversed an order of Special Term denying a motion to set aside an execution against wages, earnings or salary issued under section 1391 of the Code of Civil Procedure. The following questions were certified: “First.

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Appeal, by permission, from, an order of the Appellate Division, of the Supreme Court in the first judicial department, entered May 11,1909, which reversed an order of Special Term denying a motion to set aside an execution against wages, earnings or salary issued under section 1391 of the Code of Civil Procedure. The following questions were certified: “First. Was the order herein appealed from to the Appellate Division of Mr. Justice Fitzgebald, entered in the county cleric’s office of Mew York county, March 23, 1909, denying the motion to vacate the order of Mr. Justice Mitchell L.…

1Opinion of the CourtWillard Bartlett, J.

Prior to September 1, 1908, an execution to reach the wages, debts, earnings or salary due and owing to the judgment debtor could be issued under section 1391 of the Code of Civil Procedure only where the judgment had been recovered wholly for necessaries sold or work performed as a domestic, or for salary owing to an employee of the judgment debtor. By an amendment to that section which took effect on September 1,1908 (Laws of 1908, chap. 148), such an execution was made issuable on any money judgment.(1) The first question certified by the Appellate Division is whether such an execution,…

2Cases cited3 opinions

  1. Sampeyreac and Stewart v. United StatesSupreme Court of the United States · 1833
  2. Kelly v. MulcahyAppellate Division of the Supreme Court of the State of New York · 1909
  3. Myers v. MoranAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by77 opinions

  1. Jacobus v. . ColgateNew York Court of Appeals · 1916
  2. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  3. Endicott Johnson Corp. v. Encyclopedia Press, Inc.Supreme Court of the United States · 1924
  4. Shielcrawt v. MoffettNew York Court of Appeals · 1945
  5. Sackheim v. . PigueronNew York Court of Appeals · 1915

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