Wilson & Co. v. Hershkowitz

Section 764 of the Civil Practice Act, as amended by chapter 279 of the Laws of 1936, provides in substance for the issuance of execution against the person “ by a judge or justice of a court of record only.”

A general provision of the Civil Practice Act is applicable to the Municipal Court unless the same matter is regulated by provisions of the Municipal Court Code or the rules of that court. (Mun. Ct. Code, § 15.)

In courts of record generally, prior to the 1936 amendment the attorney for the judgment creditor, under judgment enforcible by execution, could issue execution against the person…