Legal Opinion

American Trust & Savings Bank v. Gitneskey

Ohio Court of Appeals

Decided September 11, 1936Published

1Opinion of the Court

OPINION

By BAILEY, J.

This cause came on to be heard pursuant to an order for the examination of a judgment debtor, Louis Gidney. The case was recognized as one that had been before this division of the court heretofore. Examination of the court files disclosed that seven or eight .former proceedings of the same kind had been instituted by the creditor: that all of said proceedings had proved fruitless.

The defendant not being represented by counsel, the court felt an obligation to determine whether the judgment creditor was entitled to pursue these futile examinations, which harass the debtor,…

2Cases cited4 opinions

  1. Noonan v. BradleySupreme Court of the United States · 1870
  2. Washington & Idaho Railroad v. Cœur D'Alene Railway & Navigation Co.Supreme Court of the United States · 1895
  3. Wait v. WestfallIndiana Supreme Court · 1903
  4. Mattice v. LordNew York Supreme Court · 1859

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