Legal Opinion

Emes v. Fowler

City of New York Municipal Court

Decided May 15, 1904PublishedCited by 6 opinions

Motion by defendant to vacate an execution issued under .■section 1391 of the Code of Civil Procedure.

1Opinion of the CourtSeabuby, J.

This is a motion to vacate an order directiing that an execution issue against the wages and salary of *604the judgment debtor now due or which may hereafter become due and owing to him from the city ¿f ¡New York. The affidavit upon which the order was granted shows that the judgment debtor is employed by the city of ÜNew York in the bureau of sewers in the borough of The Bronx as a draughtsman at a salary of $150 per month. The order purports to have been made pursuant to section 1391-of the Code of Civil Procedure. The order directs the sheriff of ¡New York county to satisfy the judgment, with…

2Cases cited6 opinions

  1. Bliss v. . LawrenceNew York Court of Appeals · 1874
  2. Wallace v. LawyerIndiana Supreme Court · 1876
  3. Hawthorn v. City of St. LouisSupreme Court of Missouri · 1847
  4. Tracy v. HornbuckleCourt of Appeals of Kentucky · 1871
  5. Remmey v. GedneyNew York Marine Court · 1876

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3Cited by6 opinions

  1. City of Dallas v. HalfordCourt of Appeals of Texas · 1919
  2. City of Boulder v. StewardsonSupreme Court of Colorado · 1920
  3. Osterhoudt v. StadeAppellate Division of the Supreme Court of the State of New York · 1909
  4. Rosenstock v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  5. Board of Higher Education v. CarterAppellate Division of the Supreme Court of the State of New York · 1962

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