Bayliss v. Ryan

Plaintiff recovered and docketed in the Erie county clerk’s office, in 1906, a judgment against defendant for thirty dollars and ninety-five cents. In December, 1908, as county judge of Erie county, I granted an ex pa-rie order allowing a garnishee execution to issue under section 1391 of the Oode of Civil Procedure as it existed on and after September 1, 1908. The defendant moves to set aside this order upon the ground that the judgment upon which it was founded was recovered and docketed prior to September 1, 1908, and that, therefore, the statute in question does not apply to said…