Peck v. Baldwin
New York Supreme Court
Appeal from special term, Schuyler county. An appeal from an order denying defendant’s motion to set aside an order in supplementary proceedings, and an order appointing a receiver in sucli proceedings. The judgment against the defendant upon which these proceedings were based was in the supreme court, and entered in the office of the clerk of Tompkins county. The defendant was a resident of that county.
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Appeal from special term, Schuyler county. An appeal from an order denying defendant’s motion to set aside an order in supplementary proceedings, and an order appointing a receiver in sucli proceedings. The judgment against the defendant upon which these proceedings were based was in the supreme court, and entered in the office of the clerk of Tompkins county. The defendant was a resident of that county. Execution was issued upon such judgment to the sheriff of that county, and no other. Upon the return of the execution unsatisfied, the respondent applied to Hon. George H. Kennedy, a justice…
1Dissent
Hardin, P. J.,
(dissenting.) Pardee v. Tilton, 20 Hun, 76; affirmed, 83 N. Y. 623, expressly held that, under section 292 of the Code of Procedure, it was irregular for a justice of this court to issue an order for the examination of a judgment debtor in a county outside of the district wherein the judge resided, and in which there was no provision “requiring the evidence and proceedings had before the referee” to be returned to the justice making the order. In delivering the opinion in that case, quotation was made from section 292 of the Code of Procedure as follows: “All subsequent…
2Cases cited1 opinion
- Shults v. AndrewsNew York Supreme Court · 1877