Sackett v. Newton
New York Supreme Court
This was an appeal from an order made by the special surrogate of Chautauque county, appointing a receiver, and the several orders prior thereto, made by him in proceedings supplemental to execution. The affidavit produced before the officer shows the recovery of a judgment by the respondent against the appellant and others, on the 22d day of September, 1843, for $714.08 damages, and $96.08 costs.
Read the full summary
This was an appeal from an order made by the special surrogate of Chautauque county, appointing a receiver, and the several orders prior thereto, made by him in proceedings supplemental to execution. The affidavit produced before the officer shows the recovery of a judgment by the respondent against the appellant and others, on the 22d day of September, 1843, for $714.08 damages, and $96.08 costs. That on the 11th day of December, 1854, an execution was issued upon said judgment, in pursuance of an order of the court, which was, at the time of the application for the order, (Feb. 15,1854,) in…
1Opinion of the Court
By the court—Greene, Justice.
By the 2d clause of § 292 of the Code, it is provided that after the issuing of an execu • tion against property, and upon proof by affidavit, to the satisfaction of the court or judge, that the judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, the court or judge may," by an order, require the judgment debtor to appear and answer concerning the same, and that such proceedings may thereupon be had, for the application of the debtors property towards the satisfaction of the judgment, as are provided upon the…
2Cited by8 opinions
- Smith v. WeeksWisconsin Supreme Court · 1884
- Serven v. Lowerre, New York County Courts1893
- In re First National BankAppellate Division of the Supreme Court of the State of New York · 1900
- Manken v. PapeNew York City Court · 1883
- Garcia v. MorrisAppellate Terms of the Supreme Court of New York · 1906
3 more not listed; retrieve them via the Exa API.