Legal Opinion

Andrews v. Rowan

New York Supreme Court

Decided September 15, 1864PublishedCited by 2 opinions

Appeal from order of Genesee county court, refusing to direct the sheriff to return satisfied an execution (for the conversion of exempt property) which he had against defendant Rowan, and the judgment in which case Rowan claimed passed to Andrews, receiver, to whom Rowan paid or tendered payment of the judgment.

1Opinion of the Court

By the court, The affidavits used upon the motion before the county judge, showed that the action in which the respondent recovered the judgment upon which the execution which the appellant sought to have an order directing the sheriff to return satisfied, was issued, was brought to recover for the conversion of property exempt from levy and sale upon execution; that the action was pending at the time of the appointment of a receiver of the plaintiff’s property in proceedings supplemental to execution, in the Genesee county court, upon appeal; that *127the cause was thereafter tried and a verdict…

2Cases cited1 opinion

  1. Hudson v. PletsNew York Court of Chancery · 1844

3Cited by2 opinions

  1. Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
  2. Austin v. McLaurinCity of New York Municipal Court · 1888

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