Kelly v. Mulcahy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Mulcahy, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 3d day of February, 1909, denying the defendant’s motion to vacate an ex parte order directing that an execution issue against the defendant’s salary.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, on the 9th of March, 1907, in an action to recover damages for the death of his intestate caused by the negligence of the defendant, recovered a judgment against him for a substantial sum. On the 12th of ¡December, 1908, execution upon the judgment having been issued and returned unsatisfied, the plaintiff, *640without notice to the defendant, applied under section 1391 of the Code of Civil Procedure to and obtained from the court an order directing that an execution issue against the salary of the defendant. The defendant moved upon notice to vacate the order, which…
2Cases cited2 opinions
- King v. IrvingAppellate Division of the Supreme Court of the State of New York · 1905
- Neuman v. MortimerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by11 opinions
- Laird v. . CartonNew York Court of Appeals · 1909
- Laird v. CartonAppellate Division of the Supreme Court of the State of New York · 1909
- Osterhoudt v. StadeAppellate Division of the Supreme Court of the State of New York · 1909
- Bayliss v. Ryan, New York County Courts1909
- Bayliss v. RyanNew York County Court, Erie County · 1909
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