Legal Opinion

Partridge v. Moynihan

New York Supreme Court

Decided May 15, 1908PublishedCited by 6 opinions

Motion to confirm referee’s report upon application for leave to issue execution against property.

1Opinion of the CourtWoodward, J.

The plaintiff secured a judgment against the defendant in the sum of $110.44 in December, 1899, the action being founded upon funeral charges for defendant’s sister. Do execution has ever been issued out of any court upon this judgment. The plaintiff moved this court, under the provisions of section 1377 of the Code of Civil Procedure, for permission to issue an execution, more than five years having elapsed; and, upon the defendant’s claim that the judgment had been satisfied, and that the plaintiff was not *235entitled to have execution, the court ordered a reference to ascertain whether the…

2Cases cited2 opinions

  1. Van Rensselaer v. . WrightNew York Court of Appeals · 1890
  2. Shuman v. . StraussNew York Court of Appeals · 1873

3Cited by6 opinions

  1. Jessewich v. AbbeneCity of New York Municipal Court · 1935
  2. Chaves County Building & Loan Ass'n v. HodgesNew Mexico Supreme Court · 1936
  3. First Citizens Bank & Trust Co. v. SpeakerNew York Supreme Court · 1936
  4. Bealkowski v. PowersAppellate Court of Illinois · 1941
  5. Grouf v. State Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1935

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