Osterhoudt v. Stade
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas A. Keith, 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 12th day of March, 1909, denying the said defendant’s motion to vacate an order directing the issuance of execution.
1Opinion of the Court
Scott, J.:
The appellant is a Stató officer, to wit, Assistant Factory Inspector of the State of New York. On'April 27, 1907, the plaintiff recovered a judgment against him in an action upon a promissory note. On February 4, 1908, an ex parte order was made by. a justice of the Supreme Court' directing .that an execution issue to the sheriff of Albany county, pursuant -to-section 1391 of the Code of Civil Procedure, against the wages, earnings and salary of the appellant due and owing'to him, or which shall thereafter become due and owing to him through.the State Comptroller at Albany.
The…
2Cases cited4 opinions
- Bliss v. . LawrenceNew York Court of Appeals · 1874
- Kelly v. MulcahyAppellate Division of the Supreme Court of the State of New York · 1909
- Emes v. FowlerCity of New York Municipal Court · 1904
- Rosenstock v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Howell v. Port of New York AuthorityDistrict Court, D. New Jersey · 1940
- State v. BrubeckIndiana Supreme Court · 1930
- Jones v. NicollCity of New York Municipal Court · 1911
- Brevoort v. TownsendNew York Supreme Court · 1915
- Rickey v. SlingerlandNew York Supreme Court · 1932