Legal Opinion

Brearley School, Ltd. v. Ward

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1910PublishedCited by 2 opinions

Appeal by the plaintiff, Brearley School, Limited, from an order of the Appellate Term of the Supreme Court, entered* in the office of the clerk of the county of New York on the 10th day of March, 1910, affirming an order of the City Court of the city of New York, entered on the 5th day of January, 1910, which denied the plaintiff’s motion to issue an execution under section 1391 of the Code of Civil Procedure,

1Opinion of the Court

Dowling, J. :

Plaintiff obtained a judgment'against the defendant in the City Court of the city of New York on September 17, 1909, for the sum of $727.63, which was duly docketed and the execution issued thereupon was returned unsatisfied. Having ascertained that defendant was in receipt of an income from a trust estate created under the last will and testament of Montagnie Ward, deceased (admitted to probate September' 6, 1879), plaintiff applied to the City Court on December '7, 1909, for ah order for a special execution against said income pursuant to the provisions of section *8341391 of…

2Cases cited6 opinions

  1. In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
  2. Laird v. . CartonNew York Court of Appeals · 1909
  3. Morse v. . GooldNew York Court of Appeals · 1854
  4. Harris v. JohnSupreme Court of Georgia · 1876
  5. Myers v. MoranAppellate Division of the Supreme Court of the State of New York · 1906

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3Cited by2 opinions

  1. Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1911
  2. Jacobus v. ColgateAppellate Division of the Supreme Court of the State of New York · 1914

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