Edmonston v. . McLoud
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff averred in his complaint, and proved upon the trial before a referee, that on the 21st November, 1850, he recovered judgment against the defendant Stiney; execution thereon was returned unsatisfied; he instituted supplementary proceedings against Stiney, and on the 2d December, 1850, the county judge of Ontario county made an order requiring Stiney to appear before him to be examined on the 6th December, 1850, and enjoining him…
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Appeal from the Supreme Court. The plaintiff averred in his complaint, and proved upon the trial before a referee, that on the 21st November, 1850, he recovered judgment against the defendant Stiney; execution thereon was returned unsatisfied; he instituted supplementary proceedings against Stiney, and on the 2d December, 1850, the county judge of Ontario county made an order requiring Stiney to appear before him to be examined on the 6th December, 1850, and enjoining him from disposing of any property until further order. The order was served on Stiney on the fourth December, and a copy was…
1Opinion of the Court
Harris, . J.
By the commencement of the proceedings supplementary to execution against his judgment debtor, the plaintiff acquired an inchoate lien upon his interest, whatever that may have been, in the lot purchased of Woods. But to perfect this lien and- secure the benefit of his proceedings, it was necessary that he should obtain an order under the two hundred and ninety-seventh section of the Code, directing the property of his debtor to be applied in satisfaction of his judgment, and also procure the appointment of a receiver to carry that order into effect. Such orders would have had the…
2Cases cited1 opinion
- Waring v. ClarkeSupreme Court of the United States · 1847
3Cited by39 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Wright v. . NostrandNew York Court of Appeals · 1883
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Schenck v. . DartNew York Court of Appeals · 1860
- Talty v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
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