Endicott Johnson Corp. v. Encyclopedia Press, Inc., 266 U.S. 285 (1924)

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Endicott Johnson Corporation v. Encyclopedia Press, Inc.

No. 41

Submitted October 7, 1924
Decided November 17, 1924
266 U.S. 285

ERROR TO THE SUPREME COURT

OF THE STATE OF NEW YORK

Syllabus

1. Due process of law does not require that a judgment debtor, who had his day in court before the judgment was rendered, shall be given additional notice and opportunity to be heard before issuance of a garnishment to satisfy the judgment. P. 288.

2. A statute (N.Y.Code Civ.Proc., § 1391) providing for an execution which, when served on the employer of a judgment debtor, becomes a lien and continuing levy on a percentage of future wages of the latter, requiring the former to pay them to the officer as they become due or be liable to an action therefor by the judgment creditor in which the recovery shall be applied upon the execution, does not deprive the garnishee or the judgment debtor of property without due process of law by interference with their liberty of contract. P. 290.

3. Nor does such procedure impair any substantial constitutional right of the garnishee because it entails additional expense of bookkeeping. Id.

4. The contention that such a statute is void because contrary to public policy does not present a federal question. Id.

200 App.Div. 847, 234 N.Y. 627, affirmed.

Error to a judgment of the Supreme Court of New York, entered on remittitur from the court of appeals, affirming a judgment against a garnishee.