MacWhinnie v. Cameron
New York Supreme Court
Appeal from special term, New York county. Action by J. Wallace MacWhinnie against William T. Cameron. A judgment against defendant was duly entered and docketed in New York county on February 20, 1880, and in Queens county on the 21st February, 1880. Executions were thereupon duly issued by plaintiff to the sheriffs of Queens and New York counties on the 24th day of February and the 17th day of April, 1880, respectively, and both executions were thereafter duly returned…
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Appeal from special term, New York county. Action by J. Wallace MacWhinnie against William T. Cameron. A judgment against defendant was duly entered and docketed in New York county on February 20, 1880, and in Queens county on the 21st February, 1880. Executions were thereupon duly issued by plaintiff to the sheriffs of Queens and New York counties on the 24th day of February and the 17th day of April, 1880, respectively, and both executions were thereafter duly returned unsatisfied. In September, 1880, proceedings supplementary to execution were instituted by plaintiff, and no property of…
1Opinion of the CourtBrady, J.
The motion to vacate the execution 'rests upon the provisions of section 779 of the Code, which declare that, where the costs of a motion are directed to be paid, all proceedings on the part of the person required to pay them, except to review or vacate the order, are stayed without further direction of the court until the payment thereof. The costs ¿warded the defendant had not been paid when the execution was issued herein on behalf of the assignee, and the defendant insists that it could not therefore be properly issued. The answer made to this proposition is that the payment of costs was…
2Cases cited1 opinion
- Bush v. . LathropNew York Court of Appeals · 1860
3Cited by4 opinions
- Hochman v. HauptmanAppellate Division of the Supreme Court of the State of New York · 1902
- Gardenier v. EldredNew York Supreme Court · 1891
- Murray v. CameronNew York Supreme Court · 1891
- Kellogg Switchboard & Supply Co. v. Glen Telephone Co.U.S. Circuit Court for the District of Southern New York · 1903