Legal Opinion

Manken v. Pape

New York City Court

Decided August 15, 1883PublishedCited by 3 opinions

Motion to dismiss the proceedings.

1Opinion of the CourtMcAdam, J.

— An affidavit to obtain an order for the examination of a judgment-debtor in aid of execution, which states as a ground for such examination “ that as deponent is *454informed and believes the said defendant has property which he unjustly refuses to apply towards the satisfaction of the judgment,” is insufficient to warrant the order, for the reasons:

1. The affiant fails to give the name of the informant with his means of knowledge, so that the court may determine whether the information is entitled to credit as proof.

2. The character of the property is not described. This is an important…

2Cases cited2 opinions

  1. Sackett v. NewtonNew York Supreme Court · 1854
  2. Owen v. DupignacNew York Court of Common Pleas · 1859

3Cited by3 opinions

  1. Ackerman v. GreenMissouri Court of Appeals · 1904
  2. Bowery Bank v. WidmayerCity of New York Municipal Court · 1890
  3. Enders v. SmithWisconsin Supreme Court · 1904

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