Walker v. Donovan
New York Court of Common Pleas
Motion to dismiss an order for the examination of a judgment debtor in supplementary proceedings, on the ground that since the return of the execution unsatisfied the judgment creditor had died, and that his executrix, Mary Walker, at whose instance the order for the examination of the defendant had been granted, bad never had the judgment revived and continued in her name.
1Opinion of the Court
Charles P. Dalv, Chief Justice.—
The enforcement of a judgment referred to in the 283d section of the Code, is the enforcement of it by execution. That section allows it to be enforced by the party in whose favor it was rendered, or in case of his death, by his personal representatives, at any time within five years after the entry of it; and by section 284 it may be enforced after five years, with the leave of the court, in the cases and in the manner therein provided. But if an execution upon it has been returned unsatisfied, the judgment creditor is, *553“ at any time after such return ” (sec.…
2Cases cited13 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Bellinger v. FordNew York Supreme Court · 1856
- Gleason v. GageNew York Court of Chancery · 1838
- M'Farland v. IrwinNew York Supreme Court · 1811
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