Legal Opinion

William F. Kasting Co. v. Whittle

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1916PublishedCited by 1 opinion

Appeal by the defendant, Alfred E. Whittle, from an order of the County Court of Albany county, entered in the office of the clerk of said county on the 25th day of March, 1916.

1Opinion of the Court

Lyon, J.:

The question involved upon this appeal is whether the earnings of the defendant are subject to a garnishee execution under section 1391 of the Code of Civil Procedure as being to the amount of or in excess of twelve dollars per week.

The order appealed from denied defendant’s motion to modify or vacate an order, granted, without notice, directing that an execution issue against defendant’s earnings to the amount of one dollar and sixty-eight cents per week. The affidavit of one of plaintiff’s attorneys, upon which the order that an execution issue was granted, stated that the earnings…

2Cited by1 opinion

  1. B. F. Goodrich Rubber Co. v. Yellow Taxi Corp.City of New York Municipal Court · 1935

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