Aultman & Taylor Co. v. Syme
New York Supreme Court
Appeal from special term, New York county. Action by the Aultman & Taylor Company against Frederick J. Syme. From an order denying a motion to vacate an order for the examination of defendant in supplementary proceedings, defendant appeals.
1Opinion of the Court
PER CURTA M.
The judgment in this action was entered on the 14th of November, 1889. The execution which formed the foundation of this order was issued on the 14th day of November, 1894, and was therefore not issued within five years after the entry of the judgment, the five years having expired upon the 13th of November, 1894. The court, in considering the question of time, takes no ■notice of the fractions of a day. The time commenced to run on the day upon which the judgment was entered, and expired upon the termination of five years thereafter, which was the 13th of November, 1894. The…
2Cited by2 opinions
- Connecticut National Bank v. BaylesAppellate Division of the Supreme Court of the State of New York · 1897
- Aultman & Taylor Co. v. SymeAppellate Division of the Supreme Court of the State of New York · 1897