Legal Opinion

Walker v. Monad Engineering Co.

Court of Appeals for the Second Circuit

Decided April 8, 1912No. 199Published

Appeal from the District Court of the United States for the Southern District of New York. Libel by Charles L. Walker against the Monad Engineering Company.

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Appeal from the District Court of the United States for the Southern District of New York. Libel by Charles L. Walker against the Monad Engineering Company. Libelant having obtained a decree against the corporation for $6,111.45, on which $100 was received on account, execution was issued for the balance and returned unsatisfied, whereupon libelant obtained an order requiring defendant’s officers to appear before a United States commissioner, to be examined concerning the corporation’s property, and from sucli order and from an order denying a motion to vacate the same defendant appeals.

1Opinion of the Court

LACOMBE, Circuit Judge.

Upon the return of the execution unsatisfied, libelant, upon a petition setting forth the facts, applied for the order appealed from. This application was based upon (new) rule 46 of the District Court, Southern District of New York, which went into effect January 1, 1912, and which reads as follows:

“If any execution against property shall be returned wholly or partly unsatisfied, the execution plaintiff may obtain ex parte an order for the examination of the execution defendant and of such other persons as witnesses as he may show to be material. The depositions of the…

2Cases cited4 opinions

  1. Saylor v. TaylorCourt of Appeals for the Fourth Circuit · 1896
  2. The HudsonDistrict Court, S.D. New York · 1883
  3. Byrd v. BadgerU.S. Circuit Court for the District of California · 1858
  4. Regina Music Box Co. v. F. G. Otto & SonU.S. Circuit Court for the District of New Jersey · 1903

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