Holbrook v. Orgler
The Superior Court of New York City
This action was brought by the receiver of a judgment debtor appointed in proceedings supplemental to an execution to set aside an assignment in trust of the judgment debtor as fraudulent as to creditors. On the 21st of July, 1874, a judgment was recovered against Herman Ahrensdorf in the marine court of this city, and a transcript filed in the office of the clerk of the city and county of Hew York.
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This action was brought by the receiver of a judgment debtor appointed in proceedings supplemental to an execution to set aside an assignment in trust of the judgment debtor as fraudulent as to creditors. On the 21st of July, 1874, a judgment was recovered against Herman Ahrensdorf in the marine court of this city, and a transcript filed in the office of the clerk of the city and county of Hew York. Thereupon execution upon the judgment was issued to the sheriff of the county, and while in his hands, and before its return, an order was made by a justice of the marine court for the examination…
1Opinion of the CourtMonell, C. J.
The power of a justice of the marine court to make an order for the examination of a judgment debtor," and in that proceeding to appoint a receiver of the debtor’s property, must depend upon the construction and force to be given to the seventh section of the act of 1874, entitled “An act in relation to the marine court of the city of Hew York” (laws of 1874, chapter 545).
Previous to the passage of that statute there was no such power.
The section referred to provides that: “ In all cases when judgment shall be recovered in said court, all proceedings supplementary to execution on said…
2Cases cited19 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- The People v. . SturtevantNew York Court of Appeals · 1853
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Fisher v. . HepburnNew York Court of Appeals · 1871
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3Cited by3 opinions
- Doherty v. HollidayIndiana Supreme Court · 1892
- Morgan v. Von KohnstammNew York Court of Common Pleas · 1880
- People v. LevyNew York Court of General Session of the Peace · 1896