Legal Opinion

J. R. Smith & Co. v. Josephson

City of New York Municipal Court

Decided October 15, 1907Published

Motion to vacate an order requiring a judgment debtor to appear and submit to examination in proceedings supplementary to execution.

1Opinion of the CourtO’Dwyer, C. J.

The affidavit recites the recovery of judgment against “ the above named Josephson ” after personal service of the summons upon said judgment debtor; that a transcript thereof was duly filed and the said judgment duly docketed in the office of the clerk of the county of New York, and that thereafter an execution upon said judgment was duly issued out of the Supreme Court by the clerk of New York county to the sheriff of the county of New York, where said judgment debtor resided and still resides, and the same has been returned wholly unsatisfied and the said judgment remains wholly unpaid.…

2Cases cited2 opinions

  1. Goldberg v. MarkowitzAppellate Division of the Supreme Court of the State of New York · 1904
  2. People ex rel. Maibach v. DunnAppellate Division of the Supreme Court of the State of New York · 1899

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