Droege v. Baxter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin W. Baxter and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of November, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, overruling a demurrer to the complaint.
1Opinion of the Court
O’Brien, J.:
The action was brought by a receiver appointed in supplementary proceedings to test his title to property of the judgment debtor, which was levied upon by the defendants under execution and sold. The order in supplementary proceedings was issued on August 21, 1901, after entry of a judgment and the return of an execution thereupon unsatisfied. On August 26, 1901, the defendants obtained a judgment against the judgment debtor, and execution was issued the same day, and property in his possession was levied upon and subsequently sold by the city marshal to the defendants.…
2Cases cited2 opinions
- Becker v. . TorranceNew York Court of Appeals · 1864
- In re CloverAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of OwenNew York Surrogate's Court · 1964
- Frieder v. AdlermanAppellate Terms of the Supreme Court of New York · 1916
- Dienst v. GustavesonAppellate Terms of the Supreme Court of New York · 1903
- In re the Estate of SullivanNew York Surrogate's Court · 1937