Jud v. Carey Drive Yourself, Inc.

The defendant Sauer moves to vacate the garnishee order obtained hy the plaintiff and to discharge the judgment against him in the sum of $42,230.50 entered in the office of the Clerk of Queens County on June 28,1957. He claims that he was adjudged a bankrupt on March 14, 1958 in the United States District Court for the Eastern District of New York, and thereby said judgment scheduled in such bankruptcy proceeding has been duly discharged. (Bankruptcy Act, § 17; U. S. Code, tit. 11, § 35.)

This motion must be denied at the threshold as premature so far as the judgment is concerned, without…