Buchanan v. . Hunt
New York Court of Appeals
Appeal from, order of, the General Term of the Supreme Court, in the second judicial department, made September 9, 1884, which.affirmed an order of the county judge of Orange county, in proceedings supplementary to execution, directing the defendant to pay over to the sheriff of said county the sum of $59. (Reported below, 33 Hun, 329.) It appeared by the papers that defendant resided at Hawley, Pennsylvania, and was in the employ of a railroad company.
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Appeal from, order of, the General Term of the Supreme Court, in the second judicial department, made September 9, 1884, which.affirmed an order of the county judge of Orange county, in proceedings supplementary to execution, directing the defendant to pay over to the sheriff of said county the sum of $59. (Reported below, 33 Hun, 329.) It appeared by the papers that defendant resided at Hawley, Pennsylvania, and was in the employ of a railroad company. Several days after the proceedings were instituted he received a check for his wages for the preceding month. He drew the money thereon, and…
1Opinion of the CourtRapallo, J.
We are of opinion that the court had no power to compel the defendant to go out of this State to obtain and bring here the property, which by the order appealed from he is directed to deliver to the sheriff. It distinctly appears from the examination of the defendant that the proceeds of the check which he received for his January wages existed in money, and that at the time of his examination the funds were at Hawley, in the State of Pennsylvania. The most that the court could do was to require the defendant to transfer his title to the money to a receiver, in order that he might pursue it…
2Cited by2 opinions
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