Bolt v. Hauser
New York Supreme Court
Appeal from Erie county court. Action by Frank C. Bolt against John Hauser. An order was entered denying defendant’s motion to vacate an order extending a receivership in supplementary proceedings on another judgment against defendant to the judgment in this action, and defendant appeals. For order denying motion to vacate order appointing a receiver, see ante, 866.
1Opinion of the CourtDwight, P. J.
The motion to vacate the order in question was based upon the objection that the proceeding in which it was made was barred by the statute of limitations, that proceeding having been instituted on a judgment rendered in a court not of record more than six years after the rendition of such judgment; and the appellant relies, in support of his objection, upon subdivision 7, § 382, and the last clause of section 414 of the Code of Civil Procedure. The former of these provisions of the statute applies the six-years limitation to “an action upon a judgment or decree rendered in a court not of…
2Cases cited2 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Townsend v. TolhurstNew York Supreme Court · 1890
3Cited by4 opinions
- Raphael v. MenckeAppellate Division of the Supreme Court of the State of New York · 1898
- Agar v. CurtissAppellate Division of the Supreme Court of the State of New York · 1896
- Brown v. Hyman, New York County Courts1894
- Scherer v. PfuntnerNew York Supreme Court · 1955