Heckman v. Bach
City of New York Municipal Court
In proceedings supplementary to execution against defendant Bach, an order was made requiring a third person to attend before the judge and submit to an examination as to property of the judgment debtor alleged to be in his possession. Upon the return day counsel for the third party raised a preliminary objection that no witness’ fee bad been paid when the order was served.
1Opinion of the Court
McAdam, Ch. J.
The order requiring the third person to attend and submit to an examination as to property in his possession belonging to the judgment debtor, is in the nature of a special proceeding commenced against such person commanding him to appear (Code Civ. Pro. §§ 2441, 2433).
Section 2452 prescribes the mode of serving the order, but there is nothing in this or any other section of the Code requiring the judgment creditor to pay the third person a witness fee as a condition to his obedience to the order *402The different sections of the act discriminate between a mere witness required to…
2Cases cited1 opinion
- Corning v. Tooker & LadueNew York Supreme Court · 1850
3Cited by2 opinions
- Howe v. StuartNew York Supreme Court · 1910
- Howe v. StuartAppellate Terms of the Supreme Court of New York · 1910