West Side Bank v. . Pugsley
New York Court of Appeals
Appeal by the Sixth National Bank from an order of the General Term of the Supreme Court in the first department, dismissing an appeal from an order of Special Term in the first district, denying appellant’s motion for an order vacating and setting aside certain judge’s orders theretofore made by Justice Cakdozo in this action, ordering that appellants surrender and pay over certain moneys to the sheriff upon an execution herein against the property of defendant James E.…
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Appeal by the Sixth National Bank from an order of the General Term of the Supreme Court in the first department, dismissing an appeal from an order of Special Term in the first district, denying appellant’s motion for an order vacating and setting aside certain judge’s orders theretofore made by Justice Cakdozo in this action, ordering that appellants surrender and pay over certain moneys to the sheriff upon an execution herein against the property of defendant James E. Pugsley. The first order was made ex parte, May 19, 1870, and requires the Sixth National Bank to surrender to the sheriff…
1Opinion of the CourtPeckham, J.
It is insisted that this order is not appealable, but that the appeal should have been taken from the other orders, if erroneous, and not attempt to set them aside upon motion to the court.
The orders sought to be set aside were made in a sort of supplementary proceedings against defendant Pugsley as a judgment debtor. They were made before a judge out of court, and resulted in the order of September 29, peremptorily requiring the ofiicers of the Sixth National Bank to pay this $1,062.37 to the sheriff having the execution against Pugsley “ within twenty-four hours after the service of a copy…
2Cited by23 opinions
- Hagerman v. Tong LeeNevada Supreme Court · 1877
- Duffy v. DawsonNew York Court of Common Pleas · 1893
- First National Bank v. GowAppellate Division of the Supreme Court of the State of New York · 1910
- Grand Lodge Knights of Pythias v. Manhattan Sav. Inst.The Superior Court of the City of New York and Buffalo · 1895
- Lindenthal v. BurkeIdaho Supreme Court · 1889
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