Ferris Buick, Inc. v. Marcus

We are of the opinion that," in view of the conflicting affidavits, the interests of justice will best be served by the direction of a hearing for the purpose of determining whether or not the third party willfully and knowingly testified falsely concerning a material subject or matter upon his examination in supplementary proceedings. (Civ. Prae. Act, § 788.) Moreover, the judgment creditor failed to establish the loss or damage which resulted from the third party’s alleged false swearing. Under the circumstances the imposition of a fine in the amount of the judgment creditor’s judgment was…