Aultman & Taylor Co. v. Syme
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the Aultman & Taylor Company against Frederick J. Syme. From an order setting aside an execution, as issued more than five years after judgment, plaintiff appeals. ■
1Opinion of the Court
HATCH, J..
The law has been settled in this case, and, as settled, it is decided that the execution upon which the creditors’ action was founded was issued after the lapse of five years from the entry of the judgment, without leave of the court being first obtained. Aultmah & Taylor Co. v. Syme, 23 App. Div. 344, 48 N. Y. Supp. 231; s. c. on appeal, 163 N. Y. 54, 57 N. E. 168. Such fact, however, did not render the execution void. It was only voidable, and subject to be set aside upon motion. Bank v. Spencer, 18 N." Y. 150. When the case was before this court it held that the execution could…
2Cases cited4 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Wright v. . NostrandNew York Court of Appeals · 1883
- Aultman & Taylor Co. v. SymeAppellate Division of the Supreme Court of the State of New York · 1897
- Wooster v. WuterichThe Superior Court of New York City · 1876