In re Clark
New York Supreme Court
Motion for leave to issue execution against the goods, chattels, &c., of John H. McCrum, deceased. In February, 1876, Samuel and Alexander Clark obtained a judgment against the executors of John H. McCrum. On March 15 a petition was filed and proceedings taken in the surrogate’s court of New York county, for leave to issue an execution upon the judgment against the executors, under the statute, on, the ground that there were assets in their hands applicable thereto.
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Motion for leave to issue execution against the goods, chattels, &c., of John H. McCrum, deceased. In February, 1876, Samuel and Alexander Clark obtained a judgment against the executors of John H. McCrum. On March 15 a petition was filed and proceedings taken in the surrogate’s court of New York county, for leave to issue an execution upon the judgment against the executors, under the statute, on, the ground that there were assets in their hands applicable thereto. The order was granted on May 6 following, and an execution issued in pursuance of the order. On March 28, 1876, an order was…
1Opinion of the CourtDavis, P. J.
While the surrogate’s order remains in force it is a sufficient basis for issuing execution, and must be regarded as an adjudication that the assets are abundant to justify the making of the order. The execution is rendered unavailing by the appointment and possession of the receiver. The court can only carry the order of the surrogate into effect by allowing-the order now asked for. Motion granted.
2Cited by2 opinions
- Hauselt v. GanoNew York Surrogate's Court · 1882
- Wadley v. DavisNew York Supreme Court · 1883