Hersenheim v. Hooper
The Superior Court of New York City
Chambers, 9th October, 1852.—A judgment was recovered in this court against both defendants. Thomas resided in Kings County.; a transcript was filed and a judgment docketed in that county. An execution was issued to the sheriff of that county, and returned by him unsatisfied.
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Chambers, 9th October, 1852.—A judgment was recovered in this court against both defendants. Thomas resided in Kings County.; a transcript was filed and a judgment docketed in that county. An execution was issued to the sheriff of that county, and returned by him unsatisfied. On the affidavit of these facts, an order was made by a judge of this court, requiring Thomas Hooper to appear on a day named, before a judge of this court, in the city of Hew York, to make a discovery on oath concerning his property pursuant to § 292 of the Code. Thomas Hooper now moved to vacate the order on the ground…
1Opinion of the CourtBosworth, J.
The defendant is a,resident of this state, and resided in Kings County, when the execution was issued, and the order was made. Section 292 of the Code is express, that when an execution against the property of a judgment debtor, “ issued to the sheriff of a county where he resides,” has been returned unsatisfied, the plaintiff is entitled to an order from the judge of the court, or a county judge of the county to which the execution was issued, requiring such judgment debtor to appear and answer concerning his property before such judge at a time and place specified in the order, within the…
2Cited by1 opinion
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