Gould v. Moore
The Superior Court of New York City
This was a motion to dismiss an order granted by a justice of this court, requiring the defendant to appear before him, at the chambers, &c., in the city of Hew York, and be examined concerning his property.
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This was a motion to dismiss an order granted by a justice of this court, requiring the defendant to appear before him, at the chambers, &c., in the city of Hew York, and be examined concerning his property. The affidavit upon which the same was granted showed the'recovery of the judgment, its docketing in Suffolk county, where the judgment debtor then resided, the issuing to the sheriff of that county an execution, its return unsatisfied, and that the judgment debtor was at the time of the affidavit a resident of the city and county of Hew York. Upon the return day of the order, the…
1Opinion of the Court
Monell, Ch. J.
— When the judgment in this action was recovered, the defendant resided in Suffolk county, in this state. A transcript of the judgment was filed in, and an execution was issued to the sheriff of that county, which was returned unsatisfied. Tío other execution has been issued *190upon the judgment. Upon an affidavit of these facts, and also that the defendant now resides in this city, a suppleméntal order for the examination of the judgment debtor was granted by a judge of this court, returnable before himself at the court-house in this city.
A motion is now made to vacate the order,…
2Cases cited1 opinion
- Bingham v. DisbrowNew York Court of Appeals · 1868