257 A.D. 1037 | N.Y. App. Div. | 1939
Order affirmed, with ten dollars costs and disbursements. Memorandum: The record fails to disclose whether any executions were issued out of the City Court of Buffalo on the judgment in question within five years after its rendition or whether any order for leave to issue the garnishee execution under review, or any execution, was made or entered by that court. The briefs refer to the fact that executions were issued on the judgment by the City Court of Buffalo but are silent as to the dates of their issuance. The parties are agreed that no transcript of the judgment was ever demanded from or issued by any clerk of the City Court of Buffalo. In the absence of proof to the contrary, we must assume that the garnishee execution was lawfully issued. (People ex rel. Kammerer v. Brophy, 255 App. Div. 821, 822.) Section 40 of article 2 of the Buffalo City Court Act (Laws of 1909, chap. 570, as amd. by Laws of 1915, chap. 188, creating the City Court of Buffalo) confers no power on that court to issue
