Catty v. Brockelbank

Brogan, Chief Justice.

This matter arises out of a discovery proceeding in aid of execution. The only question involved is whether, under our statute — B. S. 2 :26-153 — a judgment creditor in a discovery proceeding is privileged to require a witness, under process to appear and testify, to bring a specified document or agreement germane to the issue, which shows that certain moneys are due the judgment debtors from given persons. The statute in question reads as follows: 2:26-153 — “In proceedings for discovery in aid of execution, witnesses may be required to appear and testify concerning…