Bank of Port Jefferson v. Darling
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Suffolk County. Action by the Bank of Port Jefferson against Mary A. Darling. From an order denying a motion to vacate an execution issued and returned on a judgment, the affidavit and order appointing a receiver, his bond, and proceedings supplementary to execution, defendant appeals. Proceedings subsequent to execution and return vacated.
1Opinion of the CourtJenks, J.
This is an appeal from an order denying a motion to vacate an execution issued and returned on a judgment, the affidavit and order appointing a receiver, his bond, and all papers and proceedings supplementary to execution. The execution was issuable in the county of Suffolk. Section 1365, Code Civ. Proc. A receiver could be appointed only after making an order for examination, for there was no warrant issued in this action. Section 2464, Code Civ. Proc. The order for examination must be based upon the issue or return of an execution issued upon the judgment as prescribed by section 2458 of…
2Cases cited3 opinions
- Faneuil Hall National Bank v. BussingNew York Court of Appeals · 1895
- Arnot v. WrightNew York Supreme Court · 1890
- Smith v. CutterAppellate Division of the Supreme Court of the State of New York · 1901