Legal Opinion

McGivney v. Childs

New York Supreme Court

Decided October 15, 1886Published

Appeal from an order made by the county judge of Erie county, ' denying a motion in supplementary proceedings to punish defendant for an alleged contempt.

1Opinion of the Court

Smith, P. J.:

The plaintiff, a judgment creditor of the defendant, instituted supplementary proceedings against the latter, under section 2435 of the Code of Civil Procedure, and obtained therein an order forbidding the defendant from transferring or disposing of his property not exempt from execution. The order was served upon the defendant on the 17th of October, 1885. At that time the defendant had two horses of the value of $225, which, with three cows owned by him, were mortgaged to one Bussell. On the twelfth of November following, the defendant, with the consent of the mortgagee, traded…

2Cases cited5 opinions

  1. Tillotson v. . WolcottNew York Court of Appeals · 1872
  2. Potter v. LowNew York Supreme Court · 1858
  3. Campbell v. GenetNew York Court of Common Pleas · 1859
  4. Caton v. SouthwellNew York Supreme Court · 1851
  5. Graff v. BonnettThe Superior Court of New York City · 1863

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