Legal Opinion

Everall v. Stevens

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1913PublishedCited by 2 opinions

Appeal by the defendant, James W. Henning, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of June, 1913, denying a motion to vacate an order for the examination of the appellant in supplementary proceedings.

1Opinion of the Court

Scott, J.:

This action was begun by the service of the summons and complaint upon the defendant James W. Henning on April 24, 1912. The defendant W. Lewis Stevens voluntarily appeared herein on May 20,1912. Issue was joined by the service of the answer of said defendants on June 10, 1912. On March 11, 1913, upon the consent of the said defendants, a judgment was entered in favor of the plaintiff and against the said defendants for the sum of $2,234.88.

Execution upon said judgment against the property of said defendants was, on March 28, 1913, issued to the sheriff of the county of New York and…

2Cases cited1 opinion

  1. Koenig v. . SteckelNew York Court of Appeals · 1874

3Cited by2 opinions

  1. William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  2. First National Bank & Trust Co. v. StormsMichigan Supreme Court · 1933

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