Myers v. Moran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Moran, from an order of the County Court of Orange county, entered in the office of the clerk of the county of Orange on the 16th day of January, 1906.
1Opinion of the Court
Jenks, J.:
This appeal is from an order of the County Court of Orange county, denying a motion to vacate an order allowing execution to issue against wages under section 1391 of the Code of Civil Procedure. The appeal is based upon the fact that the judgment was entered before the enactment of the statute. The first point made is that if the statute be construed as retroactive, it impairs the obligation of a contract. A statute of exemption from an execution is not a contract between the State and the judgment debtor. Such an exemption is a gratuity, not a vested right, and it may be changed…
2Cases cited7 opinions
- O'Reilly v. Utah, N. & C. Stage Co.New York Supreme Court · 1895
- Bull v. ConroeWisconsin Supreme Court · 1860
- Isola v. . WeberNew York Court of Appeals · 1895
- Morse v. . GooldNew York Court of Appeals · 1854
- In re the Trustees of the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1865
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3Cited by8 opinions
- Laird v. . CartonNew York Court of Appeals · 1909
- Brainard v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1922
- In re the Estate of O'DonnellNew York Surrogate's Court · 1934
- Claim of Callari v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1936
- Brearley School, Ltd. v. WardAppellate Division of the Supreme Court of the State of New York · 1910
3 more not listed; retrieve them via the Exa API.