Lederer v. Ehrenfeld

Decided September 24, 1875

The Superior Court of New York City · decided 1875-09-24

The plaintiff, who was an infant of about nineteen years of age, commenced an action against the defendant, after a guardian had been duly appointed, for said plaintiff. On the trial of said action the complaint was dismissed, and the defendant asked to have judgment entered against the plaintiff for his costs, and also that the guardian of the plaintiff pay the costs, or on default that an attachment issue against said guardian.

Decided 1875-09-24

Van Vorst, J.

¶1By order of March 30, 1872, the judgment was ordered to be entered against the plaintiff personally, and it was accordingly so entered. The plaintiff, Samuel Lederer, jr., is the judgment debtor. ■ The proceedings under section 292 of the Code, are authorized when the execution against the property of the judgment debtor is returned unsatisfied.

¶2This step having been taken the supplementary proceedings are regular.

¶3The regularity of the judgment cannot be questioned in this proceeding.

¶4In Grantman agt. Thrall (31 How., 464), it is suggested that the reasonable and better practice is to issue the execution against the infant in the first instance, before proceeding ' against the guardian. Motion denied.