Legal Opinion

Catlin v. Doughty

New York Supreme Court

Decided May 15, 1856PublishedCited by 1 opinion

The complaint in this case is in the old form of a judgment-creditor’s bill, after the return of an execution unsatisfied, except that it alleges positively that the defendant is interested in certain property, and particularly in ten or more shares of the capital stock of the Excelsior Fire Insurance Company, or of some other company, or that he has money deposited to his credit, or securities for money held in trust lor him, or for his benefit; and that it does not pray a…

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The complaint in this case is in the old form of a judgment-creditor’s bill, after the return of an execution unsatisfied, except that it alleges positively that the defendant is interested in certain property, and particularly in ten or more shares of the capital stock of the Excelsior Fire Insurance Company, or of some other company, or that he has money deposited to his credit, or securities for money held in trust lor him, or for his benefit; and that it does not pray a discovery, but that the defendant he adjudged to- apply such property to the payment of the judgment, and be enjoined…

1Opinion of the Court

Mitchell, Justice.

The remedy by action is expressly • given by the Revised Statutes, (2 R. S. 173, §§ 38, 39,) whenever an execution is returned unsatisfied, not only to obtain a discovery of property, but also to prevent the transfer by the defendant of any property, money, or thing in action, due to him, or held in trust for him, and to allow a decree for the satisfaction of the sum remaining due on the judgment out of any such property of the defendant. This part of the Revised Statutes, except so far as it allows of discovery by action, has not been expressly repealed, and remains in full…

2Cases cited1 opinion

  1. Goodyear v. Betts & SmithNew York Supreme Court · 1852

3Cited by1 opinion

  1. Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889

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