Glover v. Gargan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles A. Gargan, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of August, 1896, denying the defendant’s motion to set aside an order to examine him in supplementary proceedings and an order appointing a receiver of his property on the ground that the judgment on which the proceedings were founded was recovered more than ten years before the…
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Appeal by the defendant, Charles A. Gargan, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of August, 1896, denying the defendant’s motion to set aside an order to examine him in supplementary proceedings and an order appointing a receiver of his property on the ground that the judgment on which the proceedings were founded was recovered more than ten years before the execution set forth as the basis of the proceeding was issued, and had ceased to be a lien upon the estate.
1Opinion of the Court
Brown, P. J.:
The judgment in this action was recovered April 15, 1882, and an execution was issued thereon against the property of the appellant in June, 1882, and returned unsatisfied in- August, 1882. Nothing further appears to have been done until February 25, 1896, when a second execution was issued to the sheriff of Kings county, where the judgment debtor then resided, which execution was returned unsatisfied in March, 1896. Upon the return of the second *528execution an order was granted for the examination of the judgment debtor. Such examination was had on Hay eighth, and thereafter, on…
2Cases cited1 opinion
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
3Cited by1 opinion
- Hall v. SeniorNew York Supreme Court · 1907