Fiss v. Haag
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sebastian Haag, from an order of the County Court of Albany county, entered in the office of the clerk of the county of Albany on the 24th day of October, 1901, directing the defendant to pay to the receiver of his property the sum of $100 within ten days after the personal service of such order upon him, and providing that if the - said Sebastian Haag should fail to pay said $100 as directed by said order, an attachment should issue against him for…
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Appeal by the defendant, Sebastian Haag, from an order of the County Court of Albany county, entered in the office of the clerk of the county of Albany on the 24th day of October, 1901, directing the defendant to pay to the receiver of his property the sum of $100 within ten days after the personal service of such order upon him, and providing that if the - said Sebastian Haag should fail to pay said $100 as directed by said order, an attachment should issue against him for disobedience of said order. Also, an appeal from, an order of the County Court of Albany county, entered in the office…
1Opinion of the Court
Chase, J.:
The respondents’ judgment was obtained in the Supreme Court. In supplementary proceedings, “ Where it appears from the examination or-testimony taken in a special proceeding, * * "x" that the judgment debtor has in his possession or under his control money * - belonging to him, * * * the judge by whom the order or warrant was granted; or to whom it is returnable, may, in his discretion, * * * make an order directing the judgment debtor * * * immediately to pay the money * * * to the receiver.” (Code Civ. Proc. § 2447.)
“ A person who refuses or without sufficient excuse neglects to…
2Cited by3 opinions
- Ehrich v. RootAppellate Division of the Supreme Court of the State of New York · 1909
- Goldreyer v. ShatzAppellate Terms of the Supreme Court of New York · 1909
- Ely v. DolenAppellate Division of the Supreme Court of the State of New York · 1926