Meyer v. Halberstadt
New York Supreme Court
Motion by judgment debtor to set aside an order directing; that an execution issue against his wages, under section 1391 of the Code of Civil Procedure, as amended September 1,, 1903.
1Opinion of the CourtBlanchard, J.
The judgment upon which the execution was issued was recovered January 14, 1903. The judgment debtor contends that as the amendment to the Code authorizing the execution against his wages did not take effect until1 September 1, 1903, it does not apply to the judgment recovered against him. I do not think this contention should be sustained. Prima facie the wages of a judgment debtor would be liable to levy under an execution. Dains v. Prosser, 32 Barb. 290. This amendment to section 1391 of the Code of Civil Procedure provides a mode of legal procedure-by which a judgment may be collected out…
2Cases cited2 opinions
- People, Ex Rel. Collins v. . SpicerNew York Court of Appeals · 1885
- Dains v. ProsserNew York Supreme Court · 1860
3Cited by4 opinions
- Nervo v. MealeyNew York Supreme Court · 1940
- Feuerbach v. TofanyNew York Supreme Court · 1970
- Bayliss v. Ryan, New York County Courts1909
- Bayliss v. RyanNew York County Court, Erie County · 1909