Renner v. Meyer
City of New York Municipal Court
Action by Frederick G-. Benner against John Meyer. Plaintiff, having recovered a judgment, instituted supplemental proceedings. Defendant now moves to compel plaintiff to file the examination.
1Opinion of the CourtMcAdam, C. J.
Judgment creditors seem to have the notion that because they take down the examination of a debtor the examination, when reduced to writing, is their property, which they may take to their office and appropriate as they please. This is a mistake. The examination becomes a court record, and the debtor has sufficient interest in it to require the creditor to file it for future use or reference. Code Civil Proc. § 825. If in this court, the examination should be filed with the clerk thereof, (rule 2,) and the orders appointing a receiver must be filed with the county clerk, (Code Civil Proc. §…
2Cited by2 opinions
- Sinnott v. First National BankAppellate Division of the Supreme Court of the State of New York · 1898
- Axinn & Sons Lumber Co. v. OsinskiAppellate Division of the Supreme Court of the State of New York · 1934