Conyngham v. . Duffy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 13, 1889, which reversed an order of the county judge of Westchester county, denying a motion to vacate an order requiring the defendant to appear before him to be examined in proceedings supplementary to execution.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 13, 1889, which reversed an order of the county judge of Westchester county, denying a motion to vacate an order requiring the defendant to appear before him to be examined in proceedings supplementary to execution. The facts, so far as material, are stated in the opinion. ■ A judgment creditor, ®n whose judgment execution was returned unsatisfied prior to the enactment of the Code of Civil Procedure (September 1, 1880), may institute supplementary proceedings at any time during twenty years…
1Opinion of the CourtFinch, J.
It has been determined by the court below that the limitation applicable to an order for the examination of a judgment-debtor in supplementary proceedings, is ten years from the return of an execution unsatisfied, even though the right accrued before the Code of Civil Procedure was enacted. Under the Code of Procedure, the limitation was twenty years (§ 292), and while that was in force, and in October, 1875, judgment was obtained against the defendant and execution issued, which was in due season returned unsatisfied. In July, 1888, an order was granted, by the county judge of Westchester…
2Cases cited1 opinion
- Acker v. . AckerNew York Court of Appeals · 1880
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- Cleveland v. JohnsonNew York Court of Common Pleas · 1893
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