Legal Opinion

Importers & Traders' National Bank v. Quackenbush

New York Court of Appeals

Decided November 27, 1894PublishedCited by 35 opinions

Appeals from orders of the General Term of the Supreme Court in the third judicial department, made July 14, 1894, which affirmed an order of Special Term in each of the above-entitled actions vacating a stay of proceedings and denying a motion by this appellant to set aside an execution issued therein and orders for his examination in supplementary proceedings. The facts, so far as material, are stated in the opinion.

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Appeals from orders of the General Term of the Supreme Court in the third judicial department, made July 14, 1894, which affirmed an order of Special Term in each of the above-entitled actions vacating a stay of proceedings and denying a motion by this appellant to set aside an execution issued therein and orders for his examination in supplementary proceedings. The facts, so far as material, are stated in the opinion. At the time of the granting of the orders in question more than fifteen years had elapsed since the filing of the judgment rolls; and, as more than five years before the orders…

1Opinion of the CourtO’Brien, J.

The plaintiff, on the 27th of March, 1894, obtained from a justice of' the Supreme Court two orders requiring the defendant to appear before a referee named and be examined in proceedings supplementary to execution as to his property. The proceedings were based upon two judgments recovered by the plaintiff against the defendant and others on the 22d day of January, 1879, the judgment roll in each case having been filed on that day. Execution was issued upon these judgments immediately thereafter and returned unsatisfied. In March, 1894, new executions were issued upon these judgments and…

2Cases cited12 opinions

  1. Geery v. . GeeryNew York Court of Appeals · 1875
  2. Crippen v. . HudsonNew York Court of Appeals · 1855
  3. Child v. BraceNew York Court of Chancery · 1834
  4. Carpenter v. . StilwellNew York Court of Appeals · 1854
  5. Lynch v. . JohnsonNew York Court of Appeals · 1871

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3Cited by35 opinions

  1. Nutt v. . CumingNew York Court of Appeals · 1898
  2. In re LacailleNew York Supreme Court · 1964
  3. Faneuil Hall National Bank v. BussingNew York Court of Appeals · 1895
  4. United States v. HarpootlianCourt of Appeals for the Second Circuit · 1928
  5. Matter of Maltbie v. . Lobsitz Mills Co.New York Court of Appeals · 1918

30 more not listed; retrieve them via the Exa API.

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