Gould v. Torrance

19 How. Pr. 560
CourtNew York Supreme Court
DecidedSeptember 15, 1860
StatusPublished
Cited by4 cases

This text of 19 How. Pr. 560 (Gould v. Torrance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gould v. Torrance, 19 How. Pr. 560 (N.Y. Super. Ct. 1860).

Opinion

By the court, Peckham, Justice.

It is decided that proceedings supplementary to execution are proceedings in the cause; a sort of additional or equitable execution, that penetrates further than an ordinary execution. (Bank of Genesee agt. Spencer, 15 How., 412; Ross agt. Clussman, 3 Sand., 616.) I do not think it would be claimed that a motion could be made to set aside an execution in any other district than that in which the venue is laid. It clearly should be made there. Some inconvenience may attend this rule, but much confusion would follow any other. I am of opinion that the appeal is properly brought here, and must be heard upon its merits.

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Related

People ex rel. Wasserman v. Fagan
113 Misc. 255 (New York Supreme Court, 1920)
Barnett v. Moore
20 Misc. 518 (New York Supreme Court, 1897)
Wright v. . Nostrand
94 N.Y. 31 (New York Court of Appeals, 1883)
People ex rel, Brunett v. Dutcher
3 Abb. Pr. 151 (New York Supreme Court, 1867)

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Bluebook (online)
19 How. Pr. 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gould-v-torrance-nysupct-1860.