Peck v. Baldwin
New York Supreme Court
Appeal from special term, Schuyler county. An appeal from an order denying defendant’s motion to set aside an order in supplementary proceedings, and an order appointing a receiver in sucli proceedings. The judgment against the defendant upon which these proceedings were based was in the supreme court, and entered in the office of the clerk of Tompkins county. The defendant was a resident of that county.
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Appeal from special term, Schuyler county. An appeal from an order denying defendant’s motion to set aside an order in supplementary proceedings, and an order appointing a receiver in sucli proceedings. The judgment against the defendant upon which these proceedings were based was in the supreme court, and entered in the office of the clerk of Tompkins county. The defendant was a resident of that county. Execution was issued upon such judgment to the sheriff of that county, and no other. Upon the return of the execution unsatisfied, the respondent applied to Hon. George H. Kennedy, a justice…
1Opinion of the CourtMartin, J.
Section 2434 of the Code of Civil Procedure, so far as it is applicable to the question involved on this appeal, in effect provides that either of the special proceedings mentioned in section 2432 may be instituted before a judge of the court out of which the execution issued, which includes a justice of the supreme court where the execution was issued out of that court. Baldwin v. Perry, 25 Hun. 72. It then provides that- where the execution is issued out of a court other than the supreme court, and the judges thereof are absent or disqualified, such special proceedings may be instituted…
2Cases cited5 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- Bell v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Delafield v. . BradyNew York Court of Appeals · 1888
- Bank of Monroe v. KeelerNew York Court of Chancery · 1841
3Cited by4 opinions
- Head's Iron Foundry v. SandersNew York Supreme Court · 1894
- International Textbook Co. v. Connelly, New York County Courts1910
- Hellwig v. BlumenbergNew York Supreme Court · 1889
- In re BackusAppellate Division of the Supreme Court of the State of New York · 1904