Seeley v. Black
New York Supreme Court
Motion to amend order of general term. The defendant was proceeded against by attachment, for the alleged violation of an order of the special judge of Monroe county, in proceedings supplementary to execution, m an action for the recoveiy of money, in the which the plaintiff obtained a judgment against defendant, on which execution had been issued and returned unsatisfied.
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Motion to amend order of general term. The defendant was proceeded against by attachment, for the alleged violation of an order of the special judge of Monroe county, in proceedings supplementary to execution, m an action for the recoveiy of money, in the which the plaintiff obtained a judgment against defendant, on which execution had been issued and returned unsatisfied. A reference was ordered to take the proofs; and upon the hearing, the attachment, and all proceedings had thereon, were dismissed, with costs of the proceeding to be adjusted by the clerk. From this order the plaintiff…
1Opinion of the Court
By the court, Johnson, J.
Whether this motion should be granted or not, depends upon the question whether the proceeding by attachment against the defendant in this case was a special proceeding or a proceeding in the action, and a part and parcel of the remedy embraced by the action. The order claimed to have been violated was contained in the order for the examination of the defendant, concerning his property, in proceedings supplementary to execution, which forbid his transferring or disposing of his property until further order. By the Code, all remedies are divided into actions and…
2Cited by4 opinions
- Amoré v. La MotheThe Superior Court of New York City · 1878
- Woodhouse v. WoodhouseNew York Surrogate's Court · 1881
- Lamaster v. KeelerSupreme Court of the United States · 1887
- Pitkin v. CooleyNew York Supreme Court · 1875