Vulte v. Whitehead
New York Court of Common Pleas
Motion to set aside an order for the examination of a judgment debtor in proceedings supplementary to execution. It appeared that the plaintiff commenced an action against the defendant in a district court, and judgment was rendered in favor of the defendant for $10.75 costs. A transcript having been filed in the office of the county clerk, an execution was issued out of this court to the sheriff of the county, and returned unsatisfied.
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Motion to set aside an order for the examination of a judgment debtor in proceedings supplementary to execution. It appeared that the plaintiff commenced an action against the defendant in a district court, and judgment was rendered in favor of the defendant for $10.75 costs. A transcript having been filed in the office of the county clerk, an execution was issued out of this court to the sheriff of the county, and returned unsatisfied. On an affidavit stating these facts an order was granted, requiring the plaintiff to appear and be examined concerning his property. The plaintiff moved to…
1Opinion of the CourtHilton, J.
Supplementary proceedings can only be instituted upon a justice’s or district court judgment when it exceeds in amount $25, exclusive of costs, and a transcript thereof has been filed in the office of the clerk of the county in which an execution against the real and personal property of the defendant has been issued to the sheriff, and returned by him unsatisfied in whole or in part, (Code, §§ 292, 464); and the execution must have been in the form prescribed by § 289, sub. 1.
When the judgment is for a less sum, § 63 permits a transcript to be filed with the clerk of the county in the same…
2Cited by2 opinions
- Mede v. MeyerCity of New York Municipal Court · 1907
- Butts v. DickinsonNew York Supreme Court · 1860