Pistchal v. Durant
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Janet L. Durant, from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1915. The first order denied the defendant’s motion to vacate a garnishee order herein, and the second directed a trustee to pay over to the sheriff certain income from a trust fund in satisfaction of a garnishee execution.
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Appeal by the defendant, Janet L. Durant, from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of May, 1915. The first order denied the defendant’s motion to vacate a garnishee order herein, and the second directed a trustee to pay over to the sheriff certain income from a trust fund in satisfaction of a garnishee execution. The notice of appeal states that one Basil N. Durant also appeals from said orders.
1Opinion of the Court
Scott, J.:
On January 5, 1911, plaintiff recovered a judgment against the defendant for the sum of $219.83. After the return of an *101execution unsatisfied, and an examination in proceedings supplementary to execution, plaintiff obtained on September 6, 1911, an order for an execution tobe issued against the income of a trust fund of which defendant was one of the cestui que trust. This order was obtained ex parte without notice either to the defendant or the trustee. Under an arrangement with the sheriff the trustee has retained in his hands ten per cent of the income derived from the fund, and…
2Cases cited1 opinion
- King v. IrvingAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
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- Siegel v. GussowAppellate Division of the Supreme Court of the State of New York · 1917
- Smith v. WellsSouth Dakota Supreme Court · 1945