Globe Indemnity Co. v. Roe

Decision Date27 January 1941
CitationGlobe Indemnity Co. v. Roe, 37 F.Supp. 761 (S.D. N.Y. 1941)
PartiesGLOBE INDEMNITY CO. v. ROE.
CourtU.S. District Court — Southern District of New York

David Harrison, of New York City, for judgment-creditor.

Foley & Martin, of New York City, for judgment-debtor.

COXE, District Judge.

I can find no warrant for the procedure of this motion.The writ of execution did not run to this district.28 U. S.C.A. §§ 838, 839.Neither is the procedure authorized by Rule 69,28 U.S.C.A.followingsection 723c.If the judgment creditor desires to avail itself of the machinery here, it should sue on the judgment.

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5 cases
  • U.S. ex rel. Goldman v. Meredith
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • May 9, 1979
    ...execution in favor of a private party to the Treasury in Washington, D.C. See F.R.Civ.Pro. 4(f); V.A.M.R. 76.06; Globe Indemnity Co. v. Roe, 37 F.Supp. 761, 762 (S.D.N.Y.1941); 12 C. Wright & A. Miller, Federal Practice and Procedure § 3013, p. 70 (1973); Compare 28 U.S.C. § 2413 (execution......
  • United States v. Palmer
    • United States
    • U.S. District Court — Eastern District of Tennessee
    • March 11, 1985
    ...rendered "for use of the United States". Thus, private litigants do not qualify for this preference. See, Globe Indemnity Company v. Roe, 37 F.Supp. 761 (S.D.N.Y. 1941). However, in some situations; a private party can use 28 U.S.C. § 2413, if the basic cause of action is in the United Stat......
  • Rottenberg v. United States, 241.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 24, 1944
    ...court as a condition of extending the receivership to their judgment under § 806 of the New York Civil Practice Act. In Globe Indemnity Co. v. Roe, D.C., 37 F.Supp. 761, the judgment was that of a New Jersey court, and that made a very different situation; in Young v. Aronson, D. C., 27 F. ......
  • In re Goldman
    • United States
    • U.S. District Court — Eastern District of New York
    • March 6, 1941
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