Weiss v. Ashman
New York Court of Common Pleas
Appeal from special term. Action by Louis Weiss against Edwin P. Ashman. From an order denying a motion to vacate a previous order, requiring defendant to appear and be examined in supplementary proceedings, defendant appeals.
1Opinion of the CourtBookstaver, J.
In October, 1893, the plaintiff instituted supplementary proceedings against the defendant, who was from time to time examined under said order, and the proceedings were adjourned until December 5th of the same year, when they were dismissed by reason of plaintiff’s default. ¡Notwithstanding this dismissal, the defendant, at plaintiff’s request, attended in court on the 19th January, 1894, and signed the examination, but did not verify it, the court being engaged at the time; whereupon defendant claims the plaintiff abandoned the proceedings. Thereafter plaintiff obtained an order to show…
2Cases cited3 opinions
- Shults v. AndrewsNew York Supreme Court · 1878
- Goodall v. DemarestNew York Court of Common Pleas · 1858
- Jurgenson v. HamiltonNew York Supreme Court · 1878