Muldowney v. Corney
New York Court of Common Pleas
Motion to dismiss supplementary proceedings. Judgment was obtained in the Fifth District Court for $72.50, and execution issued thereon to a city marshal, who returned the execution wholly unsatisfied. These facts appearing by affidavit, the court granted an order requiring the defendant to appear before a referee, and be examined under section 292 of the Code. The defendant moved to dismiss the proceedings.
1Opinion of the CourtBrady, J.
The act of 1865, page 738, amendatory of the act of 1862, by section 3, provides that the return of a marshal to any process issued by any justice of the Marine Court, and directed to him for service or execution, shall have the same force and effect as the return of a sheriff to process issued out of courts of record. There is no such provision in respect to the return of a marshal upon an execution issued out of the district courts. If the execution upon a judgment in one of those courts is issued or returned therefore before any transcript is filed in the office of the clerk of the county…
2Cited by1 opinion
- Merritt v. JuddNew York Court of Common Pleas · 1890