Merritt v. Judd

9 N.Y.S. 491, 18 N.Y. Civ. Proc. R. 159, 1890 N.Y. Misc. LEXIS 223

Opinion

Bischoff, J.

These proceedings are fatally detective. The judgment was recovered in a justice’s court of St. Lawrence county. A transcript was docketed in the St. Lawrence county clerk’s office, and the judgment thenceforth became a judgment of the county court of that county. Pursuant to section 3017, an execution upon a judgment so recovered and docketed must be issued by tbe county clerk. Here the execution upon the issue and return of which these proceedings are founded was issued out of the-county court of St. Lawrence county. Such execution, being unauthorized, was a nullity, and proceedings for the examination of the judgment debtor cannot be founded thereon. Muldowney v. Corney, 3 Daly, 170; Silverman v. Henant, 40 How. Pr. 88. Proceedings dismissed. No costs.