Kaufman v. Thrasher
New York Supreme Court
Appeal from two orders in proceedings supplementary to execution in this action, granted by the special county judge of Monroe, county directing the defendant and a witness to appear before a referee for re-examination.
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Appeal from two orders in proceedings supplementary to execution in this action, granted by the special county judge of Monroe, county directing the defendant and a witness to appear before a referee for re-examination. Oh the 17th of June, 1876, upon an affidavit showing the return of an execution, unsatisfied, issued upon a judgment in the Monroe County Court, in favor of the plaintiffs against the defendant herein, the special county judge granted an order in the usual form for the examination of the defendant before a referee, Mr. Sullivan, under section 292 of the Code. On the return day…
1Opinion of the Court
Smith, J.:
On behalf of the appellant, it is insisted that the adjournment from June twenty-ninth to July thirteenth was fatal to the jurisdiction of the referee, and also of the judge. That position seems to be advanced upon the theory, so far as can be gathered from the brief submitted to us, that a referfee in supplementary proceedings has no power to adjourn without the consent of parties, except from one day to the next. The case of The People ex rel. Williams v. Hulburt (5 How. Pr., 446 ; S. C., 1 Code R. [N. S.], 75) is cited. In that case it was said, by Johnson, J., that where no…
2Cases cited2 opinions
- People ex rel. Williams v. HulburtNew York Supreme Court · 1851
- Ammidon v. WolcottNew York Supreme Court · 1860