Palen v. Bushnell
New York Supreme Court
Appeal from special term, New York county. Action by William Palen against Adelaide E. Bushnell and others. Plaintiff obtained judgment. Defendants appeal from an order appointing a receiver in proceedings supplementary to execution.
1Per curiam
The order appealed from was an order made by a judge out of court, and not by the court, under the title of the Code relating to proceedings supplementary to execution. By section 2433 it is provided that an order made in the course of a proceeding can be reviewed only as follows: .First, an order made by a judge out of court may be vacated or modified by the judge who made it, as if it was made in an action, or it, or the order of the judge vacating or modifying it, may be vacated or modified, upon motion, by the court out of which the execution was issued. If the appellants wished to review…
2Cited by3 opinions
- Happel v. LippeAppellate Terms of the Supreme Court of New York · 1905
- In re SirretAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Examination in Supplementary Proceedings of FlynnNew York Supreme Court · 1913