Gibney v. Reilly
New York Supreme Court
Motion for appointment of a receiver of a judgment debtor in supplementary proceedings.
1Opinion of the CourtGildersleeve, J.
The examination in supplementary proceedings failed to discover any property of the defendant, except a contingent fee in a few cases, which have not been determined, and the result of which as well as the amount to be recovered are speculative and uncertain. The rule is well settled that proceedings supplementary to execution are directed against property which, at the time of the order for his examination, the judgment debtor has in his possession or under his control, or which is actually due to him; and no property subsequently acquired, no future earnings of any kind, and no earnings for…
2Cases cited1 opinion
- In re Trustees of the Board of Publication & Sabbath School WorkNew York Supreme Court · 1898
3Cited by4 opinions
- Walker v. StaleySupreme Court of Colorado · 1931
- Boynton v. SeibertNew York Supreme Court · 1900
- Hand v. Ortschreib Building Corp.New York Supreme Court · 1929
- Kelsey v. WebbAppellate Division of the Supreme Court of the State of New York · 1904