#### Matter of the Application of Oscar G. Stumpp and Others, Judgment Creditors, for an Examination of Fritz Starke, Judgment Debtor.

(County Court, Queens County,

June, 1900.)

1. Municipal Court of the city of New "York — Judgment docketed on transcript therefrom is in Supreme Court.

A judgment docketed in any county in the territory of the city of New York on a transcript from the Municipal Court of said city is a judgment of the Supreme Court, and upon it the county clerk issues execution as out of the latter court.

*Z.*Same — Enforcement of judgment in a county not within district of Municipal Court.

No county clerk of said territory can docket a judgment upon a transcript from such a Municipal Court unless the district of the said court is within his county; and, therefore, if it is desired to enforce such a judgment in another county of said territory, a transcript must first be filed and docketed with the county clerk of the county containing the district where the judgment was rendered, and thereafter a transcript of the latter judgment must be filed and docketed in the county where the judgment is to be enforced, the clerk of the latter county issuing execution thereon as in and for the Supreme Court.

This is a proceeding supplementary to execution to examine the judgment debtor.

The judgment was rendered by the Municipal Court of the city of New York, first district, borough of Manhattan, on the 26th day of March, 1900.

A transcript thereof was duly filed in the office of the clerk of the county of New York, the county embracing that judicial district, and a judgment thereon duly docketed in said clerk’s office. Thereafter a transcript of the judgment thus docketed by the county clerk of New York county was filed and judgment thereon duly docketed by the clerk of Queens county in his office. Execution was thereupon issued out of the Supreme Court by the clerk of the latter county to the sheriff of his county. Execution was returned unsatisfied. Thereafter, upon an affidavit of one of the attorneys for the judgment creditors, the county judge of *42Queens county made an order for the examination of the judgment debtor. On the return day of that order the judgment debtor appeared and moved to vacate the order, upon the grounds (1) that the county clerk of Queens county issued the execution out of the Supreme Court, whereas it should have been issued out of the County Court of Queens county; (2) that the affidavit upon which the order was granted does not show whether the transcript filed in Queens county was a transcript of the judgment docketed in the Hew York county clerk’s office or a transcript of the judgment rendered by the Municipal Court.

James J. Conway, for judgment debtor.

Wilbur & Hart, for judgment creditors.

Moore, J.

When, the Constitution of 1894 became operative, a judgment docketed by the county clerk of New York county, on a transcript of a judgment rendered by a District Court in the city and county of New York, was deemed a judgment of the Court of Common Pleas for the city and county of New York, and an execution thereon issued out of that court. Consol. Act, chap. 410, Laws of 1882, § 1392; Code Civ. Pro., §§ 3017, 3220.

In the other counties of the State, a judgment docketed by the county clerk of a county, on a transcript of a judgment rendered by a court held by a justice of the peace, was deemed a judgment of the County Court of the county in which the justice resided, and an execution thereon issued out of that court. Code Civ. Pro., § 3017.

The State Constitution of 1894 abolished, from and after the 31st day of December, 1894, the Court of Common Pleas for the city and county of New York, and transferred all actions and proceedings then pending therein to the Supreme Court for hearing and determination. It vested the jurisdiction then exercised by that court in the Supreme Court.

The reorganization of the courts of record of the State necessitated many amendments to the codes, and the Code of Civil Procedure was generally amended in 1895 to meet the requirements of the Constitution. Among other amendments made was that of section 3220 of the Code of Civil Procedure, so as to provide that a judgment docketed by the clerk of the county of New *43York, on a transcript of a judgment of a District Court of the city and county of New York, should thereafter be deemed a judgment of the Supreme Court, and so that an execution thereon should issue out of the Supreme Court. Chap. 946, Laws of 1895; Code Civ. Pro., § 3220.

Prior to the 1st day of January, 1898, a judgment docketed by the clerk of the county of New York, on a transcript of a judgment rendered by a District Court in the city and county of New York, was deemed a judgment of the Supreme Court, and a judgment docketed by the county clerk of the county of Queens, on a transcript of a judgment rendered by a justice of the peace in his county, was deemed a judgment of the County Court of that county. Code Civ. Pro., 1897, §§ 3017, 3220.

The Greater New York Charter (chap. 378, Laws of 1897) became operative on the 1st day of January, 1898. Section 1369 of -that act provides that, “ In so far as the same are consistent with this act, all provisions of law relating to procedure and organization * * * judgments, transcripts, docketing, executions * * * and all matters incidental to the same, the powers and duties of the justices and clerks and other employees in district courts in the city of New York, which shall be in force "on the thirty-first day of December, eight hundred and ninety-seven, shall apply to and control and govern the same in said municipal court, and the branches thereof in each district ”.

Article 2, of title 4, of chapter 20, of the Code of Civil Procedure is entitled: *“*Provisions exclusively applicable to the district courts of the city of New York”, and was in force on the 31st day of December, 1897. This title contains provisions of law relating to judgments of District Courts in the city of New York, transcripts of such judgments, docketing of judgments thereon and the issuing of executions on such judgments. These provisions related exclusively to judgments rendered in the District Courts of the city of New York. Section 3220 is found in this article, and, by its terms, draws sections 3017 to 3022, both inclusive, under this title, making these sections as modified by the provisions of such article also applicable to District Courts of the city of New York. So that by force of section 1369 of the Greater New York Charter, sections 3017 and 3022 of the Code of Civil Procedure, as modified by section 3220 of said Code, apply to and control and govern the issuing of transcripts upon judgments ren*44dered. by the Municipal Court of the city of New York, as constituted by the Greater New York Charter, the filing of such transcripts, the docketing of judgments thereon, and the issuing of executions on the judgments so docketed. It is clear that a judgment docketed by the clerk of any county within the city of New York, on a transcript of a judgment rendered by the Municipal Court, in any district in his county, is deemed a judgment of the Supreme Court, and the execution thereon issues out of the Supreme Court by the county clerk.

My attention has not been directed to nor do I know of any law authorizing the clerk of any county within the city of New York to file and docket a judgment on a transcript of a judgment rendered by the Municipal Court of the city of New York in any district not embraced within his county. If it becomes desirable to docket a judgment of such Municipal Court in a county other than that in which the judicial district in which said judgment was rendered is located, a transcript of the Municipal Court judgment must be filed and a judgment docketed thereon in the county embracing the district in which the judgment was rendered. A transcript of the judgment so docketed by such clerk, deemed a judgment of the Supreme Court, may then be taken and filed and a judgment thereon docketed in another county. The judgment thus docketed will still be deemed a judgment of the Supreme Court. This latter judgment has the like effect, with respect to the enforcement thereof, or any proceedings thereunder, or by virtue thereof, in the county where it is so docketed, as if it were rendered by the Municipal Court within that county, and docketed upon filing its transcript. Code Civ. Pro., §§ 3022, 3220.

The affidavit on which this order was granted avers that a certified transcript was filed and the judgment duly docketed thereon by the clerk of Queens county. The judgment could not be duly docketed by the clerk of Queens county on a transcript other than of the judgment docketed in the New York county clerk’s office.

The objections of the creditor are overruled and the examination will proceed.

Ordered accordingly.