Wilgus v. Bloodgood
New York Supreme Court
Appeal, by persons interested on the part of the defendant, from an order made at , the Tompkins special term, in January, 1867, granting leave to issue execution on the judgment against the defendant.
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Appeal, by persons interested on the part of the defendant, from an order made at , the Tompkins special term, in January, 1867, granting leave to issue execution on the judgment against the defendant. The judgment was rendered in favor of the plaintiffs, against the defendant, on the 13th day of January, 1852, in this court, for $1,049.84. In March of that year an execution was issued on the judgment to the sheriff of Tompkins county, which was returned unsatisfied, except as to the sum of $59.71. The defendant died intestate, in the county of Tompkins, in June, 1853, leaving no personal…
1Opinion of the Court
By the court, Balcom, J.
The law of 1850 confers authority upon the surrogate, after the expiration of one year from the death of a judgment debtor, to grant permission to issue execution on the judgment against any property, lands, tenements, real estáte, or chattels real, upon which such judgment shall be a lien, either at law or in equity. (Laws of 1850, c7i.‘295, p. 639.)
Application to this court for leave to issue execution on a judgment rendered therein need not be made before the *291lapse of five years from the entry of the judgment; and after the expiration of such five years, leave of…
2Cited by3 opinions
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- Gilmore v. State National BankSupreme Court of Kansas · 1913
- Duryee v. BotsfordNew York Supreme Court · 1881