Carbonating Apparatus Co. v. Bennett

To entitle a judgment creditor to an order for the examination of the judgment debtor before the return of execution under section- 2436 of the Code of Civil Procedure, he must show by affidavit or other competent written evidence “that the judgment debtor has property which he unjustly- refuses to apply toward the satisfaction of the judgment.” A judgment debtor is not required to turn over property to satisfy a judgment where the property may be readily levied upon by the sheriff on execution. Supplementary proceedings in aid of execution in such a case are unnecessary. It is only where the…