In re Wyman
Appellate Division of the Supreme Court of the State of New York
Appeal from Delaware county court. Proceedings supplementary to execution upon the application of Henry Y. Canfield, judgment creditor, against Eeroy Wyman, judgment debtor. From an order refusing to dismiss the proceedings, but in favor of the debtor, each of the parties appeals.
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Appeal from Delaware county court. Proceedings supplementary to execution upon the application of Henry Y. Canfield, judgment creditor, against Eeroy Wyman, judgment debtor. From an order refusing to dismiss the proceedings, but in favor of the debtor, each of the parties appeals. The county judge of Delaware county on September 13, 1891, made an order that the judgment debtor, Wyman, appear in proceedings supplementary to execution before a referee on September 20th, and answer concerning his property. This order was made upon an affidavit in all respects sufficient to warrant it. On…
1Opinion of the CourtParker, P. J.
In Furnace Co. v. Shepard, 2 Hill, 413, it was held that, though the statute required the service of a copy, the true test was whether the defendant could have been misled by the variance between the. original and the paper served upon him as a copy. I have not discovered that such rule has since been abandoned or changed. There was nothing in the copy, as served, misleading. The affidavit «pon which the order to appear and answer before the referee was granted was confessedly sufficient, and an application to vacate that order because of such a variance would have been denied. Barrington v.…
2Cases cited2 opinions
- Prince v. BrettAppellate Division of the Supreme Court of the State of New York · 1897
- Barrington v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- In re FrenchDistrict Court, N.D. New York · 1916
- Fay Securities Co. v. BoweringCalifornia Court of Appeal · 1929
- In Re DziedzicUnited States Bankruptcy Court, W.D. New York · 2009