Legal Opinion

Losee v. Allen

City of New York Municipal Court

Decided June 15, 1896PublishedCited by 3 opinions

Appeal from order denying motion to vacate second order for judgment debtor’s examination.

1Opinion of the Court

Van Wyck, Oh. J.. The record shows that prior to the obtaining of the second order for judgment debtor’s examination he had been fully examined in supplementary proceedings and a receiver of his property duly appointed. The rule of practice is, that where a debtor, has once been fully examined in supplementary proceedings a second order for his examination will not be granted, except upon proof that he has since acquired property, or that an alias execution has been issued or returned unsatisfied. The only proof shown by the record in this regard is, that on the previous examination. “…

Also in this document: Concurrence.

2Cited by3 opinions

  1. Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
  2. McGuire v. SchroederCity of New York Municipal Court · 1900
  3. Schermerhorn v. OwensNew York Supreme Court · 1899

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