President, Directors & Co. of the Bank v. Spencer
New York Supreme Court
Present Bowen, P. J., Greene and Martin, Justices. Appeal from an order of the county judge of Erie county, staying proceedings on an order of reference to examine the defendant in proceedings supplementary to execution, pending before the county judge.
Read the full summary
Present Bowen, P. J., Greene and Martin, Justices. Appeal from an order of the county judge of Erie county, staying proceedings on an order of reference to examine the defendant in proceedings supplementary to execution, pending before the county judge. The defendant’s affidavit upon which the order-in question was founded, sets forth that on affidavits showing the recovery of judgment in this action on the 28th day of September, 1846, that an execution was issued on said judgment to the sheriff of Erie county, in the month of July, 1854; that said execution was issued without leave of the…
1Opinion of the Court
By, the court.—Greene, Justice.
I think the county judge had no power to grant the order appealed from. If the power exists, it must be found either in the provisions of the Code, or the judiciary act, by which his powers to grant orders in actions pending in this court, are conferred and defined; or in those provisions of the Code which give him jurisdiction to entertain proceedings supplementary to execution in such actions. By § 401 of the Code, it is provided that orders made out of court without notice, may be made by any judge of the court, in any part of the state; and they may also be…
2Cited by1 opinion
- Woodhouse v. WoodhouseNew York Surrogate's Court · 1881