Owen v. Dupignac
New York Court of Common Pleas
Appeal from an order in supplementary proceedings requiring the judgment-debtor to appear and be examined. The allegations of the affidavit on which the assignee of the judgment obtained the order for the examination of the defendant supplementary to execution, were as follows : “ That judgment was recovered in this action in favor of the above-named plaintiff, and against the above-named defendant in this court on the 30th day of August, a. d., 1843, for the sum of one…
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Appeal from an order in supplementary proceedings requiring the judgment-debtor to appear and be examined. The allegations of the affidavit on which the assignee of the judgment obtained the order for the examination of the defendant supplementary to execution, were as follows : “ That judgment was recovered in this action in favor of the above-named plaintiff, and against the above-named defendant in this court on the 30th day of August, a. d., 1843, for the sum of one hundred and eighty-four dollars and eighty cents, damages and costs, and the judgment-roll filed in the office of the clerk…
1Opinion of the Court
By the Court.—Daly, F. J.
It appeared by the affidavit upon which the order for the examination of the defendant was founded, and the fact was recited in the order’, that an execution had beezr issued upon the judgment, and had been returned *184wholly unsatisfied. This was sufficient to entitle the plaintiff to an order for the examination of the defendant. It was held in Cuyler a. Moreland (6 Paige, 273), that when an execution upon the judgment had been returned unsatisfied that a creditors’ bill might be filed, though the plaintiff had issued another execution, and that he was not bound to…
2Cases cited5 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Griffin v. DominguezThe Superior Court of New York City · 1853
- Bates v. LyonsNew York Court of Chancery · 1838
3Cited by6 opinions
- Union Bank of Troy v. SargeantNew York Supreme Court · 1867
- Manken v. PapeNew York City Court · 1883
- Garcia v. MorrisAppellate Terms of the Supreme Court of New York · 1906
- Woodward v. HallWisconsin Supreme Court · 1890
- Campbell v. EbenCity of New York Municipal Court · 1888
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