Legal Opinion

Burns v. Maurer

New York County Courts

Decided May 15, 1911PublishedCited by 7 opinions

Motion by defendant judgment debtor to set aside an order directing his employer to pay to the sheriff one-twelfth of his earnings pursuant to section 1391 of the Code of Civil Procedure.

1Opinion of the CourtTaylor, J.

This court made a garnishee order, directing the employer of this defendant to pay to the sheriff of this county one-twelfth of defendant’s earnings. The papers presented thereupon showed that the defendant was working under an arrangement whereby he received forty-five dollars in cash per month and his board, and that said board was worth at least three dollars and fifty cents per week. The defendant judgment debtor moves to set the order aside, upon the ground that, under section 1391 of the Code of Civil Procedure, this defendant is not subject to garnishment, for the reason that the value…

2Cases cited1 opinion

  1. Jenks v. DyerMassachusetts Supreme Judicial Court · 1869

3Cited by7 opinions

  1. O'Callahan v. DermedySupreme Court of Iowa · 1923
  2. United States v. The Tug ManzanilloDistrict Court, D. Oregon · 1960
  3. Williams v. SorensonMontana Supreme Court · 1938
  4. Riley v. KesslerLucas County Court of Common Pleas · 1982
  5. Grostein v. Blumenberg Dairy Corp.City of New York Municipal Court · 1931

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