Squire v. Young
The Superior Court of New York City
This is an appeal, by the defendant, from an order made by Mr. Justice Hoffmah (in proceedings supplementary to execution), on the 16th of December, 1857, appointing a receiver of the property of the defendant. On the 11th of March, 1857, the said justice made an order requiring the defendant to appear before him, on the 13th of that month, “and on such further days as the Court, or referee duly appointed, shall name, to make discovery on oath concerning .his property.”
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This is an appeal, by the defendant, from an order made by Mr. Justice Hoffmah (in proceedings supplementary to execution), on the 16th of December, 1857, appointing a receiver of the property of the defendant. On the 11th of March, 1857, the said justice made an order requiring the defendant to appear before him, on the 13th of that month, “and on such further days as the Court, or referee duly appointed, shall name, to make discovery on oath concerning .his property.” On the 13th, it was discovered that $39,54 was due to the defendant from S. S. Mangan, and by consent of the parties it was…
1Opinion of the Court
By the Court. Bosworth, Ch. J.
An order, made by a Judge of the Court, under § 292 of the Code, requiring the defendant “to appear and answer concerning bis property, before *693such Judge, at a time and place specified in the order,” and forbidding (by § 298), “ a transfer or other disposition of the property of the judgment debtor,’ not exempt from execution, and any interference therewith;” will not continue in force, as a matter of course, until it is formally vacated by another order of the Judge, if the plaintiff should.fail to have it adjourned from time to time, or to move in respect…
2Cited by12 opinions
- De Comeau v. PeopleThe Superior Court of New York City · 1868
- Shults v. AndrewsNew York Supreme Court · 1878
- Schanck v. ConoverNew York Supreme Court · 1878
- Bylandt v. ComstockThe Superior Court of New York City · 1863
- Carter v. ClarkeThe Superior Court of New York City · 1868
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