Moneyweight Scale Co. v. Price
New York County Courts
Motion to cancel- and set aside a transcript of a judgment of the City Court of Hudson, filed in the office of the clerk of Columbia county, and to vacate the judgment docketed thereupon in the county. clerk’s office, and to set aside an execution issued on such judgment, and to direct the sheriff to return moneys in his hands which were collected pursuant to the execution.-
1Opinion of the CourtMcNamee, J.
The judgment in this case was entered by default in pleading in the City Court, after personal service of the summons and complaint. A transcript of the judgment of the City Court was filed in the office of the clerk of Columbia county, and judgment thereupon entered by the clerk. Thereafter execution was issued and delivered to the sheriff who levied upon and sold certain property of the defendant and applied the proceeds thereof upon the judgment, and also collected from the defendant moneys to be further applied upon the judgment. Before disbursing these moneys the sheriff was stayed…
2Cases cited1 opinion
- Daniels v. SouthardAppellate Division of the Supreme Court of the State of New York · 1899