High Rock Knitting Co. v. Bronner
New York Supreme Court
Motion upon order to show cause “why the order.heretofore * * * granted herein should not be vacated and set aside on the ground that the court had no jurisdiction to grant the same, and that jurisdictional facts were not stated in the papers upon which said order was granted, and that the execution upon which said order was granted was not returned as contemplated by the statute, but was returned at the request of the plaintiff and his attorneys and that the return of…
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Motion upon order to show cause “why the order.heretofore * * * granted herein should not be vacated and set aside on the ground that the court had no jurisdiction to grant the same, and that jurisdictional facts were not stated in the papers upon which said order was granted, and that the execution upon which said order was granted was not returned as contemplated by the statute, but was returned at the request of the plaintiff and his attorneys and that the return of execution herein was not sufficient upon which to base supplementary proceedings.”
1Opinion of the CourtHiscock, J.
This motion was urged upon the argument upon the sole ground that .the return of the execution upon which the order in supplementary proceedings was granted herein was made at the request of plaintiff’s attorney. There was no claim of any fraud or collusion between such attorney and the. sheriff or that there was property out of which said execution should have been collected. In fact it appears by the affidavit of the deputy sheriff upon which in part the order herein was granted that the execution in this case was returned at the same time with others in his hands.
Defendants upon this…
2Cases cited4 opinions
- Forbes v. . WallerNew York Court of Appeals · 1862
- Tyler v. WillisNew York Supreme Court · 1861
- Sperling v. LevyNew York Court of Common Pleas · 1860
- Pudney v. GriffithsNew York Supreme Court · 1858
3Cited by1 opinion
- Feinberg v. KutcoskyAppellate Division of the Supreme Court of the State of New York · 1911