Teller v. Randall
New York Supreme Court
APPEAL "by the defendant Eandall, from an order made by the county judge of Albany county, in proceedings supplementary to execution. Upon the examination of the defendant Eandall before the referee, it appeared that he had received money from the avails of property sold and disposed of since the service of the order upon him, which property, it was alleged, belonged to one Stone, and which the defendant- claimed to have transferred to Stone by a bill of sale.
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APPEAL "by the defendant Eandall, from an order made by the county judge of Albany county, in proceedings supplementary to execution. Upon the examination of the defendant Eandall before the referee, it appeared that he had received money from the avails of property sold and disposed of since the service of the order upon him, which property, it was alleged, belonged to one Stone, and which the defendant- claimed to have transferred to Stone by a bill of sale. It appeared, upon the "examination, that the defendant, claiming, to be indebted to Stone for liabilities incurred by him as indorser…
1Opinion of the CourtMiller, J.
The question presented upon the appeal arises under the provisions of the code in regard to proceedings supplementary to execution. The proceedings were instituted under § 292, and it is provided by § 297 that the judge may order the property of the judgment debtor not exempt from execution, in the hands of either himself or of any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. It is however quite obviou" from § 299, that it was not intended that the judge should proceed to try the title to property, when it was disputed, and summarily to…
2Cases cited2 opinions
- United States v. PriceSupreme Court of the United States · 1850
- Sherwood v. Buffalo & New-York City RailroadNew York Supreme Court · 1855
3Cited by17 opinions
- Wright v. . CabotNew York Court of Appeals · 1882
- Bennett v. McGuireNew York Supreme Court · 1871
- Crounse v. WhippleNew York Supreme Court · 1865
- Duffy v. DawsonNew York Court of Common Pleas · 1893
- First National Bank v. GowAppellate Division of the Supreme Court of the State of New York · 1910
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