Smith v. Cowles
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin S. Cowles, from an order of the Supreme Court, made by the county judge of Warren county, and entered in the office of the clerk of the county of Warren on the 25th day of April, 1906.
1Opinion of the Court
Smith, J.:
Upon a judgment in -this action against defendant and the return of execution unsatisfied an order was made for defendant’s examination in supplementary proceedings before a referee therein appointed. This motion to set aside this order for examination is made by the defendant on the ground that in 1903, upon a judgment recovered by Mary Ann Smith individually, the defendant was exhaustively examined by the same attorney who n'ow represents these plaintiffs. While it appears by the affidavit of defendant’s counsel that the defendant is a poor man and has only his salary of $1,000 a…
2Cited by1 opinion
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