Leonard v. Bowman
New York Supreme Court
Appeal from special term, Oswego county. Action by Charles P. Leonard against James P. Bowman and Edward J. Boshart. Plaintiff obtained an order for the examination of a third person, in supplemental proceedings, under Code Civil Proc.
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Appeal from special term, Oswego county. Action by Charles P. Leonard against James P. Bowman and Edward J. Boshart. Plaintiff obtained an order for the examination of a third person, in supplemental proceedings, under Code Civil Proc. Y. Y. § 2441, which provides that, upon proof by affidavit or other competent written evidence, to the satisfaction of the judge, that execution against property has been issued as prescribed by section 2458,1 and returned wholly or partly unsatisfied, or not returned, and also that any person or corporation has personal property of the judgment debtor,…
1Opinion of the CourtWilliams, J.
In Arnot v. Wright, (Sup.) 9 N. Y. Supp. 15, this court held that such a statement as to the county to which the execution was issued was defective, and rendered the affidavit insufficient to support the proceeding. In Lee v. Heirbeger, 1 Code Rep. 38, it was held, under a statute substantially like, the present, that such a statement as to property or indebtedness was defective, and rendered the affidavit insufficient to support the proceeding. The same thing was held by the general term, first department, in Collins v. Beebe, (Sup.) 7 N. Y. Supp. 442, a case under the provision of the Code…
2Cases cited4 opinions
- Miller v. . AdamsNew York Court of Appeals · 1873
- Collins v. BeebeNew York Supreme Court · 1889
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- Arnot v. WrightNew York Supreme Court · 1890
3Cited by3 opinions
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Clarke v. Nebraska National BankNebraska Supreme Court · 1899
- Zelie v. VromanNew York Supreme Court · 1898