Tompers v. Tompers
New York Supreme Court
Action by Beulah Hickman Tempers against Julius Nicolas Tompers. On motion to compel the defendant and a third party to turn over personal property to the receiver. Motion denied.
1Opinion of the CourtGiegerich, J.
[1,2] It seems to be settled that the plaintiff •could not reach the defendant’s salary by means of a creditors’ suit except to the extent that it had accrued at the time of the commencement of the action. Browning v. Bettis, 8 Paige, 568; Valentine v. Williams, 159 N. Y. Supp. 815. If future earnings could not be reached by a suit in equity, it would be an anomaly to hold that upon an application to sequester the defendant’s property under section 1772 ■of the Code of Civil Procedure, earnings accruing subsequent to the appointment of the receiver could be claimed by him. It was not…
2Cases cited4 opinions
- Zwingmann v. ZwingmannAppellate Division of the Supreme Court of the State of New York · 1912
- Browning v. BettisNew York Court of Chancery · 1841
- Moore v. MooreAppellate Division of the Supreme Court of the State of New York · 1911
- Valentine v. Jno. Williams, Inc.New York Supreme Court · 1916
3Cited by1 opinion
- State Ex Rel. Busby v. CowanMissouri Court of Appeals · 1937