Bayliss v. Ryan

Plaintiff recovered and docketed in the Erie county clerk’s office in 1906 a judgment against defendant for $30.95. In December, 1908, as county judge of Erie county, I granted an ex parte order allowing a garnishee execution to issue under section 1391 of the Code of Civil Procedure as it existed on and after September 1, 190.8 (Laws 1908, p. 433, c. 148). The defendant moves to set aside this order upon the ground that the judgment upon which it was based was recovered and docketed prior to September 1, 1908, and that, therefore, the statute in question does not apply to said judgment for…