Hancock v. . Sears
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, January 9, 1883, which affirmed an order of Special Term, adjudging defendant guilty of contempt and imposing a fine therefor. (Reported below, 29 Hun, 96.) The facts are stated in the opinion. Defendant had a right to apply his earnings within sixty days of the commencement of the proceedings to the support of his family; they were the same as exempt property. (Code of Civ.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, January 9, 1883, which affirmed an order of Special Term, adjudging defendant guilty of contempt and imposing a fine therefor. (Reported below, 29 Hun, 96.) The facts are stated in the opinion. Defendant had a right to apply his earnings within sixty days of the commencement of the proceedings to the support of his family; they were the same as exempt property. (Code of Civ. Pro., § 2463.) Defendant should have left the wages uncollected until the injunction was removed, or until the close of the…
1Opinion of the CourtDanforts, J.
The plaintiff, a judgment and execution creditor of the defendant to the extent of $27.90, for the purpose of compelling his examination instituted supplementary proceedings before the Erie county judge on the 31st day of August, 1882, and by his order then served, the defendant was “forbidden from making or suffering any transfer or other disposition of, or interference with his property, not exempt from levy and sale by virtue of an execution,, until further direction in the premises.” Upon his examination before a referee it appeared that he had no money, although he received on the 4th of…
2Cited by9 opinions
- Sverd v. MostelAppellate Division of the Supreme Court of the State of New York · 1953
- In re CondonDistrict Court, S.D. New York · 1912
- In re the Estate of CaplanNew York Surrogate's Court · 1949
- In re EdelmanDistrict Court, E.D. New York · 1959
- Bryant v. GrantNew York Supreme Court · 1895
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