Wolf v. Jordan
New York Supreme Court
Appeal from an order vacating an order requiring one Draper to appear before a referee and be examined as to any property of the judgment debtor in his hands.
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Appeal from an order vacating an order requiring one Draper to appear before a referee and be examined as to any property of the judgment debtor in his hands. A judgment was obtained by the appellant against the respondent before a justice of the peace of the town of Wallldll, Orange-county, on July 26, 1877, for $6.23 damages and $2.45 costs, amounting in all to $8.68. A transcript thereof was filed in the Orange county clerk’s office, January 26, 1880. At the time the execution was issued there was due on the judgment, including costs and interest thereon, $10.21. On February 18,1880, upon…
1Opinion of the Court
Dykman, J.:
Can proceedings supplementary to execution be instituted when a transcript of a justice’s judgment for less than $25, exclusive of costs, has been filed, and an execution issued thereon has been returned unsatisfied ? The answer to this question is the decision of this appeal. Reason gives a negative answer. The old Court of Chancery in this State refused relief where the matter in dispute did not exceed $100. The reason of this was sometimes said to be that it was beneath the dignity of that court to interpose its jurisdiction for small and trivial amounts, but the true reason…
2Cases cited2 opinions
- AnonymousNew York Supreme Court · 1860
- Butts v. DickinsonNew York Supreme Court · 1860