Hasewell v. Penman
New York Supreme Court
Application to discharge certain parties from examination on proceedings supplementary to execution. The facts in this case appear in the opinion of the court. I. The proceedings are supplemental and ancillary to execution, not independent in any way, and are designed to help out the execution.
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Application to discharge certain parties from examination on proceedings supplementary to execution. The facts in this case appear in the opinion of the court. I. The proceedings are supplemental and ancillary to execution, not independent in any way, and are designed to help out the execution. Where the execution debtor dies after execution issued, it binds the property which was his at his death, and proceeds in all respects as if he were alive, (2 Cowenis Treatise, 514 ; Tidd’s Pract., 915 ; 1 Cowen, 334, note h, Osborn v. Moss, 7 Johns, 161). And there is no reason why proceedings…
1Opinion of the CourtMitchell, J.
Judgment was recovered in this action, in King’s County, against the defendant, on November 29, 1854, and an execution was issued thereon in King’s County, and returned before January 16, 1855. On the last mentioned day, an order for A. Hughes, Andrews, Shepard, and others to appear before the county judge of King’s County, and answer whether they had property of the defendant, was made, and was served on Hughes. He did not attend, and a like order was issued and served on him and Andrews, returnable May 14, 1855. By consent the examination was adjourned to May 22, and again to June 4, when…
2Cited by1 opinion
- In re the Estate of CampbellNew York Surrogate's Court · 1943