Ross v. Clussman
The Superior Court of New York City
This was a motion to punish the defendant'for a contempt of court, argued by arrangement, before three of the justices, instead of one at chambers. On a previous occasion, an order Had been made, referring it to Joseph S. Bosworth, Esq., to ascertain the facts and report thereon, and the motion was heard on his report. From this report the following facts appeared.
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This was a motion to punish the defendant'for a contempt of court, argued by arrangement, before three of the justices, instead of one at chambers. On a previous occasion, an order Had been made, referring it to Joseph S. Bosworth, Esq., to ascertain the facts and report thereon, and the motion was heard on his report. From this report the following facts appeared. The judgment in this suit was recovered May 14th, 1849, for $565 44, and an execution thereon was returned unsatisfied August 17th, 1849. On the 18th of December, 1849, Mathew T. Wallace, to whom the judgment had been assigned in…
1Opinion of the CourtBy the Court. Sandford, J.
The defendant interposes two preliminary objections to the proceedings supplementary to the execution, which we will first examine; although the omission to raise them at an earlier period, ought perhaps to be deemed a waiver of the alleged irregularities.
Pirst. It is contended that the assignee of a judgment cannot prosecute this proceeding at all, under the provisions of the code of procedure ; which gives the remedy only to the “judgment creditor.” That the only judgment creditor in this case is Andrew Ross, the plaintiff in the judgment, and that his assignee, Mathew T. Wallace, is not…
2Cases cited2 opinions
- Lansing v. EastonNew York Court of Chancery · 1839
- Gleason v. GageNew York Court of Chancery · 1838
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- Rand v. . RandSupreme Court of North Carolina · 1878
- Maigille v. LeonardAppellate Division of the Supreme Court of the State of New York · 1905
- Murphy v. BusickIndiana Court of Appeals · 1899
- Smith v. New York Consolidated Stage Co.New York Court of Common Pleas · 1864
- Crill v. KornmeyerNew York Supreme Court · 1878
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