Anonymous

The Superior Court of New York City

Anonymous

3 Duer 673

CourtThe Superior Court of New York City

DecidedAugust 2, 1854

StatusPublished

This text of 3 Duer 673 (Anonymous) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anonymous, 3 Duer 673 (N.Y. Super. Ct. 1854).

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Opinion

Duer, J.

Although it was held in Jones v. Lawlin, that the provisions of § 292 of the Code are applicable to prior judgments, it appears from the head-note of the Report that an execution had been issued and returned unsatisfied after the Code went into effect; and but for this circumstance, I cannot believe that an order for the examination of the debtor would have been made. I am clearly of opinion that the provisions of the Code, from the language used, are applicable only to executions thereafter to be issued and returned, and consequently must refuse- to make the order applied for.

(Oakley, 0. J., concurred.)

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Duer, J.

Although it was held in Jones v. Lawlin, that the provisions of § 292 of the Code are applicable to prior judgments, it appears from the head-note of the Report that an execution had been issued and returned unsatisfied after the Code went into effect; and but for this circumstance, I cannot believe that an order for the examination of the debtor would have been made. I am clearly of opinion that the provisions of the Code, from the language used, are applicable only to executions thereafter to be issued and returned, and consequently must refuse- to make the order applied for.

(Oakley, 0. J., concurred.)

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3 Duer 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anonymous-nysuperctnyc-1854.