Bingham v. Disbrow
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was brought by the plaintiff as receiver of Alfred Disbrow, a judgment debtor, against the said Alfred Disbrow and others, to set aside a transfer made by Disbrow and William Strang, his assignee, of Alfred DisbroVs distributive share in the estate of Stephen B. Disbrow, his deceased brother. In November, 1852, G. S. Martin recovered a judgment against Alfred Disbrow and one Wheeler.
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APPEAL from a judgment entered at a special term. The action was brought by the plaintiff as receiver of Alfred Disbrow, a judgment debtor, against the said Alfred Disbrow and others, to set aside a transfer made by Disbrow and William Strang, his assignee, of Alfred DisbroVs distributive share in the estate of Stephen B. Disbrow, his deceased brother. In November, 1852, G. S. Martin recovered a judgment against Alfred Disbrow and one Wheeler. Alfred Dis-brow then residing in Tompkins county, an execution was issued to the sheriff of that county. He afterwards removed to the county of Cayuga.…
1Opinion of the Court
By the Court,
Ingraham, P. J.
The plaintiff was appointed receiver of a debtor, under supplementary proceedings. The affidavit showed that the execution had been issued in a county where the debtor resided when it was so issued, which was three years previous; but it appeared that the debtor had afterwards removed to another county.
*26To warrant such proceedings, it is undoubtedly necessary that an execution should be issued to the county where the debtor resides, before the order for his examination can be made. The question arises, whether this refers to the time of the issuing of the execution,…
2Cited by6 opinions
- People ex rel. Van Rensselaer v. Van AlstyneNew York Court of Appeals · 1866
- Union Bank of Troy v. SargeantNew York Supreme Court · 1867
- Green v. BookhartSupreme Court of South Carolina · 1883
- People ex rel. Rensselaer v. Van AlstyneNew York Court of Appeals · 1866
- Bell v. VernooyNew York Supreme Court · 1879
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