F. B. Matthews & Co. v. Maskin

The plaintiff has issued garnishee execution pursuant to order granted and filed and has moved for an order declaring that such execution has priority over two executions issued earlier, upon the ground that the orders for the earlier executions had not been filed.

■ Three reported cases are found which discuss the effect of failure to file an order for garnishee execution.

In Salm v. Stroheim & Romann, Inc. (146 Misc. 173 [Municipal Court of New York, 1933]), the employer was sued for failure to pay upon a garnishee execution. The employer set up a defense founded on a judgment recovered by…