Bergmann v. . Lord
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24,1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not show a cause of action. The court has no jurisdiction and the plaintiff is not entitled to the relief prayed for.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24,1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not show a cause of action. The court has no jurisdiction and the plaintiff is not entitled to the relief prayed for. (Fowler’s Personal Property Law, 32; Matter of Carpenter, 131 N. Y. 86; Cochrane v. Schell, 140 N. Y. 516 ; Schenck v. Barnes, 156 N. Y.…
1Opinion of the CourtChase, J.
This is a judgment creditor’s action. Article I, title 4, chapter 15 of the Code of Civil Procedure, relating to a judgment creditor’s action, provides : “ When an execution against the property of a judgment debtor, issued out of a court of record, * * * has been returned wholly or partly unsatisfied, the judgment creditor may maintain an action against the judgment debtor, and any other person, to compel the discovery of any thing in action, or other property belong-I ing to the judgment debtor, and of any money, thing in action, | or other property due to him, or held in trust for him; to…
2Cases cited13 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Graff v. . BonnettNew York Court of Appeals · 1865
- Stringer v. . YoungNew York Court of Appeals · 1908
- Hallett v. ThompsonNew York Court of Chancery · 1836
8 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Leighton v. RoperNew York Court of Appeals · 1950
- Holmes v. . CampNew York Court of Appeals · 1916
- Salter v. . DrowneNew York Court of Appeals · 1912
- In re MeekerNew York Surrogate's Court · 1929
39 more not listed; retrieve them via the Exa API.