Knell v. Stephan
New York Supreme Court
Appeal from judgment on report of referee. Action in the nature of a creditors’ bill by Louis Knell and others against William Stephan and others. From a judgment entered in Cattaraugus county in favor of plaintiffs, defendants appeal. Affirmed.
1Opinion of the CourtDwight, P. J.
The action was in the nature of a creditors’ bill to reach the interest of William Stephan, the judgment debtor, in lands and their avails alleged to have been conveyed and turned over to his wife, the defendant Mary Stephan, in fraud of creditors of the former. The defendants object, on this appeal, that the proper foundation for a creditors’ bill was not laid by proof of a judgment and execution returned unsatisfied. Nosuch objection was specifically made at any time, on the trial. There is in the record before us, of the evidence taken on the trial, an abstract of the judgment and…
2Cited by2 opinions
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Phillips v. CovellNew York Supreme Court · 1894