Harlem Metal Corp. v. Segal

The plaintiff’s garnishment order was signed by a justice of this court on February 18,1938. The affidavit in support of the garnishment order appears on its face to have been sworn to on February 16, 1938. This was a typographical error; the correct date of swearing to this affidavit was February 17, 1938.

The affidavit states that “ on or about the 16th day of February, 1938, an execution upon said judgment [in favor of the plaintiff] against the property of the said judgment debtor was duly issued out of this court * * *, and the said execution has been returned wholly unsatisfied.”

The fact…