Leslie v. Street
New York County Courts
This is a return of an order to show cause why an order heretofore granted for the examination of David Y. Leslie, a third person, should not be vacated upon the ground, with others, that the affidavit upon which the order was obtained is defective.
1Opinion of the CourtRoss, J.
The affidavit upon which the order for the examination of the third party was obtained alleges upon information and belief that David Y. Leslie, a third person, has property of the judgment debtor and is indebted to him, in a sum exceeding $10, but does ^Lot give the sources of such information.
In the cases of Collins v. Beebe, 27 N. Y. St. Repr. 4, and Leonard v. Bowman, 40 id. 135, cited by the attorneys for the third party, the affidavits did not state the facts upon which the affiant based his knowledge and were also in the alternative, “ That he has personal property or is indebted to…
2Cases cited3 opinions
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879
- Miller v. . AdamsNew York Court of Appeals · 1873
- Mowry v. . SanbornNew York Court of Appeals · 1875
3Cited by3 opinions
- Clarke v. Nebraska National BankNebraska Supreme Court · 1899
- Howard Lockwood & Co. v. SelloCity of New York Municipal Court · 1899
- Lockwood v. SelloCity of New York Municipal Court · 1899