Campbell v. Eben
City of New York Municipal Court
On motion to vacate an order to examine E. Q. Eben, a judgment debtor, in proceedings supplementary to an execution issued in February, 1874.
1Opinion of the CourtPitshke, J.
“Creditors’ bills” could be brought at any time after return of execution unsatisfied. McElwain v. Willis, 9 Wend. 560. “Supplementary proceedings,” under the old Code of Procedure, § 292, could be also instituted at any time after such return unsatisfied. Owen v. Dupignac, 9 Abb. Pr. 180. Necessarily, therefore, both modes ,of aiding judgment creditors were only barred from being commenced, by the statute of limitations, at the end of the 20 years’ life of a judgment,—then presumed to be paid, unless sued upon meanwhile. Driggs v. Williams, 15 Abb. Pr. 477. Under the new *616Code Civil…
2Cases cited3 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Owen v. DupignacNew York Court of Common Pleas · 1859
- Driggs v. WilliamsNew York Supreme Court · 1862