Burch v. Burch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick B. Burch, from an order of the Supreme Court, made at the Oneida Special Term and entered in-the office of-the clerk of the county of Kings on the ¡9th. day of May, 1906, as amended by an order entered in said clerk’s office on the 9th day of June, -1906, denying the defendant’s motion - to vacate a.n execution against him theretofore issued to the sheriff of Oswego county upon a judgment in an action for divorce.
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Appeal by the defendant, Frederick B. Burch, from an order of the Supreme Court, made at the Oneida Special Term and entered in-the office of-the clerk of the county of Kings on the ¡9th. day of May, 1906, as amended by an order entered in said clerk’s office on the 9th day of June, -1906, denying the defendant’s motion - to vacate a.n execution against him theretofore issued to the sheriff of Oswego county upon a judgment in an action for divorce. Motion was made to set aside an execution issued to the sheriff of Oswego county upon a judgment entered April 8, 1891, for • costs, $261.10,-in…
1Opinion of the Court
Rich, J.:
This is an appeal from an order denying defendant’s motion to vacate and set aside an execution made upon the grounds, among-others: “ That there is no authority in law authorizing the issuance of said execution and the same is irregular in form and substance;' that there is no valid judgment upon which said execution can be issued.’»
We think the court had power, assuming the judgment to have been valid, to make the order from which- this appeal is: taken, and *866this brings us to a. determination of the question as' to whether the judgment rendered was Valid and whether its validity is…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Laing v. RigneySupreme Court of the United States · 1896
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Rowe v. PeckhamAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Baylies v. BayliesAppellate Division of the Supreme Court of the State of New York · 1921
- Rondout National Bank v. ShappeeNew York Supreme Court · 1948
- Matthews v. MatthewsNew York Supreme Court · 1926
- Edwards v. EdsonAppellate Division of the Supreme Court of the State of New York · 1907