Hawes v. Barr
The Superior Court of New York City
Appeal from an order made at a special term, vacating and setting aside a previous order for the examination of the defendant, in proceedings supplementary to execution.
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Appeal from an order made at a special term, vacating and setting aside a previous order for the examination of the defendant, in proceedings supplementary to execution. The affidavit on which the order for examination was obtained, was made by Willard L. Hawes, who alleged therein that he was “ agent for the above named plaintiffs ; that judgment was recovered in this action against the above named defendant in the New York Superior Court, on the 24th day of September, 1859, for one hundred and twenty-seven dollars and ninety-two cents, damages and costs; that said judgment, exclusive of…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The Code of Procedure does not provide how a single judge of a court is to regain jurisdiction of proceedings supplementary to execution after an order which has been made by one therein, affecting a substantial right, where the proceedings have been dismissed or been discontinued, has been reversed, although a right of appeal from such an order is therein given. (§ 349, subd. 5.) Unless a judgment debtor appear without objection,” jurisdiction is lost by a failure to adjourn from day to day. (Ammidon v. Wolcott, 15 Abb. 314.) Whether the general term,…
2Cases cited2 opinions
- United States v. PattersonSupreme Court of the United States · 1853
- Peebles v. RogersNew York Supreme Court · 1850