Renaud v. . O'Brien
New York Court of Appeals
Appeal from the Supreme Court, seventh district. This action is in the nature of a creditor’s bill. The plaintiffs allege, in the complaint, the recovery of several judgments against Michael O’Brien, the issuing of execution and its return unsatisfied.
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Appeal from the Supreme Court, seventh district. This action is in the nature of a creditor’s bill. The plaintiffs allege, in the complaint, the recovery of several judgments against Michael O’Brien, the issuing of execution and its return unsatisfied. An assignment by the debtor to one of the other defendants, purporting to be for the benefit of creditors, and also a confession of judgment to the same party prior to the assignment, to whom nothing was actually due, and a sale of certain personal property of the debtor under execution issued thereon, the continued possession of the property…
1Opinion of the Court
The case presents but a single question, under the decision of the judge at Special Term. The Code, section 290, provides, that an execution is returnable "within sixty days after its receipt by the officer," differing somewhat from the former provision of the statute, as to the time for the return of an execution, which required it to be sixty days from the receipt thereof by the sheriff. The Revised Statutes provide that, whenever an execution against the property of a defendant shall have been issued on a judgment at law, and shall have been returned unsatisfied, in whole or in part, the…
2Cases cited1 opinion
- Forbes v. . WallerNew York Court of Appeals · 1862
3Cited by8 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Bruker v. KelseyIndiana Supreme Court · 1880
- Marks v. HardySupreme Court of Missouri · 1885
- Ansonia B. and C. Co. v. . ConnerNew York Court of Appeals · 1886
- Buist v. Citizens' Savings BankCourt of Appeals of Kansas · 1896
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