Maas v. Kuhn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Maas, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the 26th day of October, 1908, vacating an execution issued against the defendant’s salary; *
1Opinion of the Court
Houghton, J.:
The defendant is an employee of the city of New York, in receipt of a salary of more than twelve dollars per week. The plaintiff holds judgment against him, and obtained the issuance of an execution under the provisions of section 1391 of the Code of Civil Procedure directing application by the city of ten per cent of the defendant’s salary on such judgment. Within a month after the issuance of such execution the defendant filed a petition in bankruptcy and was adjudged a bankrupt. Thereupon the defendant moved to set aside the execution, which motion was granted.
The moving…
2Cited by4 opinions
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