Byrd v. Badger
U.S. Circuit Court for the District of California
On motion to set aside an order [for the examination of the judgmentdebtor W. G. Badger, in proceedings supplementary to execution] previously entered, on the ground that it had been improvidently granted by the court. [For the trial of this ease, in which judgment was rendered for plaintiffs, Byrd & Hall, see Case No. 2,265.]
1Opinion of the Court
McALLISTBR, Circuit Judge.
The proceedings supplementary to an execution against a judgment debtor, provided by the 238th section of the practice act of this state, is evidently a new statutory remedy. They are a substitute for a creditor’s bill, and in substance constitute an equitable proceeding. Sale v. Lawson, 4 Sandf. 718. They not only constitute such proceeding, but a new suit, and as such comes appropriately — and so far as the right it seeks to vindicate, and the remedy it aims to obtain, most appropriately —within the jurisdiction of a court of chancery. “An order for the examination…
2Cases cited1 opinion
- Adams v. HackettCalifornia Supreme Court · 1857
3Cited by4 opinions
- Barber v. BriscoeMontana Supreme Court · 1890
- Brown v. FletcherDistrict Court, S.D. New York · 1917
- Walker v. Monad Engineering Co.Court of Appeals for the Second Circuit · 1912
- Whittenton Manuf'g Co. v. Memphis & Ohio River Packet Co.United States Circuit Court · 1883