People v. . Cowan
New York Court of Appeals
Appeal from order of the general term of the court of common pleas for the city and county of New York, which affirmed an order of special term vacating and setting aside an order for the examination of defendant John Cahill in proceedings supplementary to execution.
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Appeal from order of the general term of the court of common pleas for the city and county of New York, which affirmed an order of special term vacating and setting aside an order for the examination of defendant John Cahill in proceedings supplementary to execution. Said Cahill, as surety with the defendant Thomas G. Cowan, entered into a recognizance for the appearance of the latter at the court of general sessions in and for the city and county of New York at a time fixed. Cowan having failed to appear at ■that time, an order was entered declaring the recognizance forfeited and thereafter…
1Opinion of the CourtFinch, J.
We are of the opinion that the order'for the examination of the judgment debtor in proceedings supplementary to execution was properly granted and should not have been vacated. The ground taken by the courts below is that such an examination is prevented by the limitation of the Code (section 2458); that “the judgment must have been rendered upon the judgment debtor’s appearance or by a personal service of the summons upon him.” The purpose and scope of that limitation is quite plain. There are cases in which a formal judgment is rendered in which, nevertheless, the apparent debtor is not…
2Cases cited1 opinion
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
3Cited by5 opinions
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Capitol Indemnity Insurance Company v. StateSupreme Court of Florida · 1956
- People v. . SalomonNew York Court of Appeals · 1914
- People v. PernettiAppellate Division of the Supreme Court of the State of New York · 1904
- Hoferd v. Oster, New York County Courts1933