Smith v. Davis
New York Supreme Court
Appeal from Otsego county court. Action by Abram Smith against Almon H. Davis. Judgment for plaintiff, and execution issued. From an order of the county court vacating a subsequent execution and the levy thereunder as irregular and void, plaintiff appeals. On the 23d of December, 1887, the plaintiff obtained judgment against the defendant before a justice of the peace of the county of Otsego for $201.05 damages and costs.
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Appeal from Otsego county court. Action by Abram Smith against Almon H. Davis. Judgment for plaintiff, and execution issued. From an order of the county court vacating a subsequent execution and the levy thereunder as irregular and void, plaintiff appeals. On the 23d of December, 1887, the plaintiff obtained judgment against the defendant before a justice of the peace of the county of Otsego for $201.05 damages and costs. A transcript was duly filed, and judgment docketed in the office of the clerk of Otsego county, and an execution issued thereon by the clerk of that county to the sheriff…
1Opinion of the CourtMartin, J.
The only question involved on this appeal is whether, after proceedings supplementary to execution had been instituted and a receiver appointed therein, who had qualified, the issuing of another or second execution, and a levy under it, was irregular and void, because made before the receiver was discharged. The institution of supplementary proceedings, after return of execution against property, does not preclude the issuing of another execution upon the same judgment. The two proceedings, having the same object in view,—the collection of the judgment,—may be pursued concurrently. Smith v.…
2Cases cited8 opinions
- Walling v. . MillerNew York Court of Appeals · 1888
- Varnum v. . HartNew York Court of Appeals · 1890
- Conway v. HitchinsNew York Supreme Court · 1850
- Fellerman's CaseNew York Supreme Court · 1855
- Farqueharson v. KimballNew York Supreme Court · 1859
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