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98 N.Y. 560

Buchanan v. . Hunt

New York Court of Appeals

Decided April 14, 1885

New York Court of Appeals · decided 1885-04-14

affirmed an order of the county judge of Orange county, in proceedings supplementary to execution, directing the defendant to pay over to the sheriff of said county the sum of $59. (Reported below, 33 Hun, 329.) It appeared by the papers that defendant resided at Hawley, Pennsylvania, and was in the employ of a railroad company. Several days after the proceedings were instituted he received a check for his wages for the preceding month.

Cited by 2 later decisions — most recently December 1945

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-04-14

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Rapallo, J.

¶1 We are of opinion that the court had no power to compel the defendant to go out of this State to obtain and bring here the property, which by the order appealed from he is directed to deliver to the sheriff. It distinctly appears from the examination of the defendant that the proceeds of the check which he received for his January wages existed in money, and that at the time of his examination the funds were at Hawley, in the State of Pennsylvania. The most that the court could do was to require the defendant to transfer his title to the money to a receiver, in order that he might pursue it there. The defendant could not be compelled to go there and get the money to pay to the sheriff. Whether the money was, by the laws of Pennsylvania, exempt from the claims of creditors, and whether that exemption should be recognized *562 here, are questions which do not arise in this view of the case.

¶2 It further appears that the money in question was not received by the judgment debtor until after the institution of the supplementary proceedings.

¶3 The orders of the county judge and of the Supreme Court at General Term should be reversed as to the judgment debtor Hunt with costs.

All concur.

¶4 Orders reversed.

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