Ritter v. Greason
New York Supreme Court
Motion by judgment creditors to have amount of costs in certain supplementary proceedings fixed by the court.
1Opinion of the CourtMcAdam, J.
After instituting supplementary proceedings against the plaintiff on a judgment for costs, the creditors issued a new execution to the sheriff and collected thereon the entire amount of the judgment. The levy under the second execution, having proved ample, suspended all further proceedings on the part of the creditor. Crock. Sher. § 440; Steinhardt v. Michalda, 15 Civ. Pro. 323. It was held in the former Court of Chancery that the filing of a creditor’s bill did not preclude the plaintiff from issuing a second execution, but if a levy was made thereunder, on property conceded to belong to…
2Cases cited4 opinions
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Fellerman's CaseNew York Supreme Court · 1855
- Smith v. MahonyNew York Court of Common Pleas · 1870
- Colne v. GirardCity of New York Municipal Court · 1887