Stoneware Electric Stove Works v. Barrett

This is a motion to vacate and set aside an order for the examination of a third party which it is claimed has property of the judgment debtor. The judgment upon which these proceedings supplementary to execution are instituted was rendered in the Municipal Court upon the non-appearance of the defendant at Trial Term. Said cause had been noticed for trial; was later marked “ reserved generally. ’ ’ Thereafter and on or about March 16, 1920, the judgment creditor here (the plaintiff there) served a notice for an order restoring the case to the trial calendar. It seems that on the return of…