Caton v. Southwell
New York Supreme Court
Appeal by the defendant from an order of the county judge of Livingston county. On the 28th day of January, 1850, Peter Caton, the respondent, recovered a judgment against the appellant, before a justice of the peace of Livingston county, for $26,18 damages, and 52 cents costs, in an action arising on contract.
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Appeal by the defendant from an order of the county judge of Livingston county. On the 28th day of January, 1850, Peter Caton, the respondent, recovered a judgment against the appellant, before a justice of the peace of Livingston county, for $26,18 damages, and 52 cents costs, in an action arising on contract. A transcript was filed in the county clerk’s office of Livingston county, and judgment docketed therein July 20th, 1850. An execution against the property of the defendant was afterwards duly issued to the sheriff of Livingston county, in which county the defendant resided, and was…
1Opinion of the Court
The opinion of the court was delivered by Welles, J.
Under a creditors’ bill, in the late court of chancery, the plaintiff could not reach the effects of the debtor which he had earned or acquired after the filing of the bill. (Browning v. Betlis, 8 Paige, 568. 2 Barb. Ch. Pr. 158. M'Cam v. Dorsheimer, 1 Clarke, 144.) If the debtor acquired property or rights in action, after the filing of the bill, it could only be reached in that suit by means of a supplemental bill. Section 297 of the code, authorizes the judge to order any property of the judgment debtor not exempt from execution, in the…
2Cases cited2 opinions
- Browning v. BettisNew York Court of Chancery · 1841
- McCoun v. DorsheimerNew York Court of Chancery · 1839
3Cited by4 opinions
- In re Trustees of the Board of Publication & Sabbath School WorkNew York Supreme Court · 1898
- Dease v. ReeseNew York Supreme Court · 1903
- Columbian Institute v. CreganCity of New York Municipal Court · 1886
- McGivney v. ChildsNew York Supreme Court · 1886