Pudney v. Griffiths
New York Supreme Court
Motion to set aside order of supplementary proceedings for the 'examination of the defendant. The plaintiffs 'in this action having recovered judgment, issued execution against the property of the defendant. This being returned unsatisfied, they obtained an order for the examination of the defendant under section 292 of the Code. The affidavit and order were in the usual form.
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Motion to set aside order of supplementary proceedings for the 'examination of the defendant. The plaintiffs 'in this action having recovered judgment, issued execution against the property of the defendant. This being returned unsatisfied, they obtained an order for the examination of the defendant under section 292 of the Code. The affidavit and order were in the usual form. Upon the return-day of the order, the defendant moved to adjourn the hearing and examination, for time to put in and serve affidavits. On the adjourned day, the defendant’s counsel read an affidavit stating that the…
1Opinion of the CourtClerke, J.
It is asserted, and for the purpose of this motion admitted, that the plaintiffs directed the sheriff to return the execution, issued in this action, before the expiration of the sixty days, and before any effort was made to levy upon property subject to execution.
How, supplementary proceedings under the. first part of sec*212tion 292 of the Code, were evidently designed as a remedy, not concurrent or simultaneous with an execution, hut, as the adjective designating these proceedings imports, to supply its place where it has failed to he effectual; and, in all cases, the execution must precede…
2Cited by2 opinions
- High Rock Knitting Co. v. BronnerNew York Supreme Court · 1896
- Fidelity-Philadelphia Trust Co. v. Miller, Pennsylvania Court of Common Pleas, Philadelphia County1937