Matter of Coleman
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 11,1902, which affirmed an order of Special Term denying a motion for leave to issue execution on a certain judgment. The nature of the proceeding, the facts and the questions certified, so far ás material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 11,1902, which affirmed an order of Special Term denying a motion for leave to issue execution on a certain judgment. The nature of the proceeding, the facts and the questions certified, so far ás material, are stated in the opinion. The judgment in question never ceased to be a lien upon the real property of the judgment debtor in Queens county, described in the petition, because the Halpin judgment, declaring it vacated, was itself modified and stayed, and…
1Opinion of the CourtBartlett, J.
The petitioner prays for leave to issue an execution upon a judgment recovered by him against the Mutual Brewing Company, which is alleged to be a lien upon its real property in Queens county.
The various persons in interest are made parties to this pro ceeding. The contestant having the most substantial interest is the grantee of the purchaser of the real estate of the Mutual Brewing Company at the receiver’s sale — the Karsh Brewing Company. The receiver, Duffy, while a party to this proceeding and appearing by attorney, makes no affidavit and furnishes no explanation as to the amount or…
2Cases cited6 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- United States Trust Co. v. New York West Shore & Buffalo Railway Co.New York Court of Appeals · 1886
- King v. . HarrisNew York Court of Appeals · 1866
- In re the Directors of the Binghamton General Electric Co.New York Court of Appeals · 1894
- In re WaterburyNew York Court of Chancery · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Markus v. Chicago Title & Trust Co.Illinois Supreme Court · 1940
- O'NEILL v. Continental Illinois Co.Appellate Court of Illinois · 1950
- People v. New York Building-Loan Banking Co.New York Court of Appeals · 1907
- Coleman v. McClenahanAppellate Division of the Supreme Court of the State of New York · 1912
- Mayer v. BurrAppellate Division of the Supreme Court of the State of New York · 1909
2 more not listed; retrieve them via the Exa API.