Legal Opinion

Shannon v. Steger

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal by Charles J. Carroll, as receiver, etc., of Robért W. Steger, by permission of the court, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of. the county of Kings on the 24th day ■ of March, 1902, setting aside the order appointing him receiver and the order empowering him to sell property of the judgment debtor.

1Opinion of the Court

Hirschberg, J.:

The judgment under which the appellant was appointed receiver was recovered in the City Court of the city of New York, and a transcript of it was filed in the office of the clerk of Kings cou'nty. No execution was ever issued upon the judgment, as required by subdivision 1 of section 338 of the Code of Civil Procedure, but an. execution tested by "a justice of the Supreme Court was issued to the sheriff of Kings county and returned unsatisfied. .Thereafter,, upon an affidavit to the effect that such' execution had been “ duly ' issued out of the Supreme Court, Kings County,”…

2Cases cited1 opinion

  1. Stiefel v. BerlinAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. Ryland v. Arkansas City Milling Co.Supreme Court of Oklahoma · 1907
  2. Lisner v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1903
  3. Roth v. LightAppellate Terms of the Supreme Court of New York · 1912

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