Legal Opinion

Burke v. Burke

New York Supreme Court

Decided June 15, 1899PublishedCited by 2 opinions

Motion to set aside an order for the examination in supplementary proceedings, on a judgment for costs only, of the plaintiff, Mary C. Burke, a school teacher.

1Opinion of the CourtGildersleeve, J.

The defendant in this action, William Y. Burke, obtained a judgment for costs against the plaintiff herein, *685Mary 0. Burke. The plaintiff failed to pay said judgment, and the defendant obtained an order for her examination in supplementary proceedings. This motion is made to set aside the order on the grounds (1) that such proceedings cannot be maintained where the judgment is for costs only, and, (2) because the plaintiff is a school teacher in one of the public schoolsAf this city, but-resides in Mount Vernon, Westchester county, and the execution on the judgment was issued to the sheriff of…

2Cases cited4 opinions

  1. Davis v. HerrigNew York Supreme Court · 1883
  2. In re SirrettNew York Supreme Court · 1898
  3. Bowman v. PerineCity of New York Municipal Court · 1889
  4. Patten v. ConnahNew York Court of Common Pleas · 1861

3Cited by2 opinions

  1. Hanley v. Eastern Steamship Corp.Massachusetts Supreme Judicial Court · 1915
  2. In re Supplementary Proceedings of De Angelli v. DixeyNew York Supreme Court · 1917

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