Schmidt v. Lavelle

Appellate Terms of the Supreme Court of New York

Schmidt v. Lavelle

126 Misc. 589, 214 N.Y.S. 58, 1926 N.Y. Misc. LEXIS 592

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 5, 1926

StatusPublished

Cited by1 cases

This text of 126 Misc. 589 (Schmidt v. Lavelle) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schmidt v. Lavelle, 126 Misc. 589, 214 N.Y.S. 58, 1926 N.Y. Misc. LEXIS 592 (N.Y. Ct. App. 1926).

Pincite

Opinion

Per Curiam.

The judgment debtor has concededly no place of business or residence in the county of New York, but is a resident of Bronx county. The order requiring him to appear for examination in the county of New York was, therefore, void as in violation of section 787 of the Civil Practice Act.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, Bijur, Delehanty and Wagner, JJ.

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Per Curiam.

The judgment debtor has concededly no place of business or residence in the county of New York, but is a resident of Bronx county. The order requiring him to appear for examination in the county of New York was, therefore, void as in violation of section 787 of the Civil Practice Act.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, Bijur, Delehanty and Wagner, JJ.

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Bluebook (online)

126 Misc. 589, 214 N.Y.S. 58, 1926 N.Y. Misc. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-lavelle-nyappterm-1926.

Opinion

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