Legal Opinion

Oberwarth v. McLean

New York Court of Common Pleas

Decided March 6, 1877Published

Appeal by the defendants from a judgment in favor of plaintiff. The facts are stated in the opinion.

1Opinion of the CourtJoseph F. Daly, J.

The defendants, who were co-partners, obtained a judgment for $290 70 against I. L. Oberwarth, the plaintiff’s husband, in the Marine Court of the city of New York, on February 13th, 1874. On the samé day a transcript of the judgment was filed and the judgment docketed in the office of the clerk of the city and county of New York. On the same day an execution was issued out of the Marine Court, directed to one of the marshals of the city of New York, directing him to levy on the property of the judgment debtor to satisfy said judgment. Whether such execution was issued before the filing of…

2Cases cited2 opinions

  1. Martin v. Mayor of New YorkNew York Court of Common Pleas · 1861
  2. In re LippmanNew York Supreme Court · 1875

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