Eyre v. Stubbert

Per Ouriam.

The order should be affirmed upon the first objection urged to the sufficiency of the affidavit upon which the supplementary proceeding was based, i. e., that the affidavit was made by the managing clerk of the attorney, and not by the judgment creditor or his attorney. The proceeding must be instituted by the judgment creditor or by some one authorized by him. It has been held that the authority of his attorney will be presumed. Miller v. Adams, 52 N. Y. 409. This presumption of authority to act for the judgment creditor cannot be extended to the clerk-of the attorney. It has been…