Waldman v. O'Donnell
New York Court of Common Pleas
This was a motion to vacate an order granted herein and served on the defendant, requiring the comptroller of the city of New York to attend as a witness before a referee, in a proceeding supplementary to execution, and testify concerning the property of the defendant in his possession, namely, the defendant’s salary as an officer or employe of the corporation, the mayor, aldermen and commonalty of the city of New York, and also restraining the comptroller from transferring…
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This was a motion to vacate an order granted herein and served on the defendant, requiring the comptroller of the city of New York to attend as a witness before a referee, in a proceeding supplementary to execution, and testify concerning the property of the defendant in his possession, namely, the defendant’s salary as an officer or employe of the corporation, the mayor, aldermen and commonalty of the city of New York, and also restraining the comptroller from transferring or disposing of said property until the further order of the court.
1Opinion of the CourtLarremore, J.
It appears on the face of the order that the salary of the defendant due from the municipal, corporation is in the hands of the comptroller, and he is required to attend and testify as a third person, relative to the same.
It has been held in this court that such an order should not be granted as the salary of the officer or employe is, until paid over, mingled in the treasury of the corporation with other funds, and not separated and cannot be considered, while in the hands of the comptroller, as the property of the defendant.
This question has been discussed very fully by Hr. justice HoAdam,…
2Cited by4 opinions
- In re Trustees of the Board of Publication & Sabbath School WorkNew York Supreme Court · 1898
- Gray v. AshleyCity of New York Municipal Court · 1898
- Beecher v. BarberNew York Surrogate's Court · 1888
- In re the Judicial Settlement of the Accounts of BarberNew York Surrogate's Court · 1888