Elmore Milling Co. v. Burgher

Eli Burgher appealed from an order of this court holding him in civil contempt for failure to appear for examination before a referee in proceedings supplementary to execution. The Appellate Division reversed such order (238 App. Div. 887), and a “ judgment ” pursuant to section 584 of the Civil Practice Act was entered in this court April 6, 1933. Two days later, upon application of the successful appellant, an execution was issued by the Otsego county clerk for the collection of the costs included in such judgment, $81.05. The present motion, brought on by show cause order, is to set aside…