In re the Application of Coleman
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Denis Coleman, from an order of the Supreme Court, made at the Queens County Special Term and -entered in the office of the clerk of the county of Queens on the 1st ■day of July, 1902, denying the petitioner’s motion for leave to issue execution upon a judgment recovered by him against the Mutual Brewing Company.
Read the full summary
Appeal by the petitioner, Denis Coleman, from an order of the Supreme Court, made at the Queens County Special Term and -entered in the office of the clerk of the county of Queens on the 1st ■day of July, 1902, denying the petitioner’s motion for leave to issue execution upon a judgment recovered by him against the Mutual Brewing Company. In an action brought to enforce the statutory remedies for the mismanagement of a corporation, the Special Term directed the eancellation of a judgment theretofore entered against the corporation. Pending an appeal by the judgment creditor, on which a stay…
1Opinion of the Court
Pek Curiam :
A reference to the opinion of this court in Halpin v. Coleman (66 App. Div. 37) will furnish a sufficient statement of the facts involved in the present appeal. We there said that we did not then undertake to determine whether the Denis Coleman judgment was a lien upon the real property in question at the time of the sale -of the receiver, inasmuch as that question had not yet been decided at the Special Term after a hearing on the merits. Such a decision has now been had, and has resulted in the order under review. It does not seem necessary again to discuss the questions of law…
2Cases cited2 opinions
- King v. . HarrisNew York Court of Appeals · 1866
- Halpin v. ColemanAppellate Division of the Supreme Court of the State of New York · 1901