Miller v. Rossman
New York Supreme Court
Motion to set aside proceedings supplementary to execution. The judgment in this action was recovered on the 28th day of May, 1851. On the 18th of May, 1853, an execution was issued thereon to the sheriff of Columbia, the defendant being a resident of that county. The execution was returned unsatisfied. On the 20th of November, 1854, the defendant removed to the state of Michigan, where he remained until the 30th of May, 1857, when he returned to Columbia county.
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Motion to set aside proceedings supplementary to execution. The judgment in this action was recovered on the 28th day of May, 1851. On the 18th of May, 1853, an execution was issued thereon to the sheriff of Columbia, the defendant being a resident of that county. The execution was returned unsatisfied. On the 20th of November, 1854, the defendant removed to the state of Michigan, where he remained until the 30th of May, 1857, when he returned to Columbia county. On the first day of June, 1857, the plaintiff obtained from the county judge of Columbia, an order for the defendant to appear and…
1Opinion of the Court
Harris, Justice.
I was at first inclined to grant this motion upon the authority of Currie agt. Noyes. (1 Code R., N. S. 198.) But, upon more consideration, I am satisfied that the doctrine of that case ought not to be extended beyond its own peculiar circumstances.
Before the adoption of the Code, a creditor’s bill might be filed at any time within ten years after an execution had been returned unsatisfied. (Corning agt. Stebbins, 1 Barb. Ch. 589.) The 292d section of the Code, declares that when an execution has been returned unsatisfied, the creditor, at any time after such return made,…
2Cases cited1 opinion
- Corning v. StebbinsNew York Court of Chancery · 1846
3Cited by2 opinions
- De Comeau v. PeopleThe Superior Court of New York City · 1868
- Walker v. DonovanNew York Court of Common Pleas · 1877