Foster v. Prince
New York Supreme Court
Appeal from an order in supplementary proceedings. The plaintiff in this action made an affidavit that he had obtained judgment therein against the defendants for a sum specified ; that the judgment-roll was filed in the office of the clerk of the city and county of New York; and stating further, “ that an execution thereon against the property of the judgment debtors has been duly issued to the sheriff of the city and county of New York, and the sheriff of the county of…
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Appeal from an order in supplementary proceedings. The plaintiff in this action made an affidavit that he had obtained judgment therein against the defendants for a sum specified ; that the judgment-roll was filed in the office of the clerk of the city and county of New York; and stating further, “ that an execution thereon against the property of the judgment debtors has been duly issued to the sheriff of the city and county of New York, and the sheriff of the county of Queens; that the judgment debtors resided in said county of Queens at the time of issuing such execution, and still so…
1Opinion of the Court
By the Court*—Roosevelt, P. J.
Foster, the plaintiff, having obtained a judgment against the Messrs. Prince, residing at Flushing, in Queens county, upon which an execution to that county had' afterwards been returned unsatisfied, took steps to compel the application of a balance standing to the credit of one of the defendants, in the Fulton Bank of New York, to the satisfaction of the demand.
On the 22d of November one of the judges of this court ac: cordingly made an order requiring the cashier of the bank to appear before him in this city, to be examined concerning the alleged balance of the…
2Cited by1 opinion
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