Bareither v. Brosche
New York Court of Common Pleas
At chambers. Bareither had recovered a judgment against Brosche for $256.78 in one of the district courts of New York city. Plaintiff’s attorney subsequently issued an execution out of the court of common pleas, a transcript of the judgment having first been duly docketed in the county clerk’s-office. This execution was in due form, except that it was not signed, indorsed, or issued by the county clerk.
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At chambers. Bareither had recovered a judgment against Brosche for $256.78 in one of the district courts of New York city. Plaintiff’s attorney subsequently issued an execution out of the court of common pleas, a transcript of the judgment having first been duly docketed in the county clerk’s-office. This execution was in due form, except that it was not signed, indorsed, or issued by the county clerk. The execution was returned unsatisfied, and plaintiff instituted supplementary proceedings. John T. Toal was-appointed receiver, to whom defendant was directed to pay $10 per week until the…
1Opinion of the CourtBookstaver, J.
The irregularities in the form and issue of the execution are not sufficient to deprive this court of jurisdiction to entertain *562founded upon such execution, (see Code CivilFroc. §§ 23, 24; Hill v. Haynes, 54 N. Y. 156; Wright v. Nostrand, 94 N. Y. 48,) and so much of this motion, therefore, as prays for the appointment of a successor to the deceased receiver is granted.
Pursuant to sections 2467 and 2468 of the Code of Civil Procedure, the appointment of the receiver is not complete until the order appointing the receiver has been properly filed in the office of the county clerk, and until the…
2Cases cited2 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Hill v. . HaynesNew York Court of Appeals · 1873
3Cited by1 opinion
- Jaques v. WillettNew York City Court · 1907