Legal Opinion

Wilson v. Bracken

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1912No. 1; No. 2PublishedCited by 5 opinions

Appeal by the defendant, Thomas Bracken, judgment debtor, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of March, 1912, denying said defendant’s motion to stay the examination of certain witnesses in supplementary proceedings and to vacate subpoenas.

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Appeal by the defendant, Thomas Bracken, judgment debtor, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of March, 1912, denying said defendant’s motion to stay the examination of certain witnesses in supplementary proceedings and to vacate subpoenas. Also, an appeal by the defendant, Thomas Bracken, judgment debtor, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of April,' 1912, denying…

1Opinion of the Court

Scott, J. :

In this proceeding supplementary to execution the judgment debtor appeals from two orders, each of which denies a motion by him that the - examination of certain witnesses be stayed and the subpoenas issued to compel their attendance vacated-.

The proceeding was instituted by an order for the appellant’s examination issued on February 7, 1912. The examination went on from time to time, by virtue of successive adjournments, until February twenty-sixth, when the appellant’s examination was closed, and a motion made to Mr. Justice' Davis, before whom the matter was then pending, for…

2Cases cited3 opinions

  1. Lowther v. LowtherAppellate Division of the Supreme Court of the State of New York · 1906
  2. Ammidon v. WolcottNew York Supreme Court · 1860
  3. Griswold v. KileAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Cowen v. William Bernard, Inc.Appellate Terms of the Supreme Court of New York · 1913
  2. Kostor v. Kliss, New York County Courts1930
  3. Nyamco Associates Inc. v. KingCity of New York Municipal Court · 1933
  4. Mancaroso v. CuthbertAppellate Division of the Supreme Court of the State of New York · 1928
  5. Otten v. StromeyerAppellate Division of the Supreme Court of the State of New York · 1930

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