Title Guarantee & Trust Co. v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Brown, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of April, 1909, denying the defendant’s motion to vacate and set aside an order in supplementary proceedings for his examination as a judgment debtor.
1Opinion of the Court
Rich, J.:
The motion was based upon the ground that the affidavit upon which the order for examination was granted was insufficient to confer jurisdiction. The proceeding is a statutory one, and all the requirements of the statute must be complied with before jurisdiction to make the order existed. If, therefore, the affidavit was lacking in any of the details required by the statute, the appellant’s motion to vacate and set aside the order should have been granted. A judgment creditor is the only person entitled to such an order, *844and the affidavit, if made by a person other than himself, must…
2Cases cited2 opinions
- Miller v. . AdamsNew York Court of Appeals · 1873
- Brown v. WalkerNew York Supreme Court · 1889
3Cited by6 opinions
- Beardsley v. Stone Valley Distilling Co.Appellate Terms of the Supreme Court of New York · 1910
- Eyre v. StubbertNew York Supreme Court · 1911
- Hutchinson v. WestonNew York Supreme Court · 1936
- Ruf v. B. B. & F. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Earl v. BrewerNew York Supreme Court · 1935
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