People ex rel. Gottchius v. McGoldrick

This is an application for a writ of mandamus to compel the clerk of the city court to deliver to plaintiff’s attorney the examination of a defendant, taken in proceedings supplementary to execution, in order that the same may be filed with the county clerk. There can be no doubt that proceedings supplementary to execution are “special proceedings,” for they are expressly declared to be such by section 2433 of the Code; and section 825 of the Code declares that a return or other paper in a special proceeding, where no other disposition thereof is prescribed by law, must be filed, and an order…