Ellis v. Rugg
Appellate Division of the Supreme Court of the State of New York
Appeal from Chenango County Court. Supplementary proceedings, on the application of Gilbert E. Ellis against Adelbert Rugg and another, for the examination of the First National Bank of Earlville as a third person alleged to have moneys and credits belonging to the defendants. From an order denying a motion to vacate an order requiring the bank to appear and answer before a referee, the judgment debtors appeal.
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Appeal from Chenango County Court. Supplementary proceedings, on the application of Gilbert E. Ellis against Adelbert Rugg and another, for the examination of the First National Bank of Earlville as a third person alleged to have moneys and credits belonging to the defendants. From an order denying a motion to vacate an order requiring the bank to appear and answer before a referee, the judgment debtors appeal. The judgment creditor, Ellis, recovered judgment against Adelbert and Mary Rugg on October 24, 1898, for $838.75 debt and $18.05 costs. A transcript thereof was duly filed and docketed…
1Opinion of the CourtParker, P. J.
One of the grounds upon which the judgment debtors applied to the county judge to vacate the order of March 1st was that he had no jurisdiction to make it, because of the insufficiency of the affidavit upon which it was granted. It was granted upon the affidavit of E. W. Cushman, made February 24, 1904, and his statement therein that the bank had personal property of the judgment debtors exceeding $10 in value is made entirely upon information and belief, and does not state the "sources of his *943information and grounds of his belief.” Substantially it states no more than that the cashier of…
2Cases cited5 opinions
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- First National Bank v. WallaceAppellate Division of the Supreme Court of the State of New York · 1896
- Parrish v. ParrishAppellate Division of the Supreme Court of the State of New York · 1898
- Pierce v. ParishAppellate Division of the Supreme Court of the State of New York · 1898
- Duparquet v. FairfieldNew York Supreme Court · 1888