Bruen v. Nickels
Appellate Division of the Supreme Court of the State of New York
Appeal by William C. Figner from an order of the County Court of Westchester county, made at a Special Term thereof and entered in the office of the clerk of the county of Westchester on the 15th day of January, 1898, denying his motion to vacate an order for, his examination as a third party in supplementary proceedings, and also from an order bearing date the 29tli day of January, 1898, and entered in said clerk’s office, resettling such order.
1Opinion of the Court
Per Curiam :
The ground on which this appeal is made is that the affidavit on which the order was granted did not state facts sufficient to justify the conclusion; or, rather, that the affidavit stated a conclusion instead of the facts. The affidavit set forth that said “ Figner * * * has personal property of George P. Nickels, the said judgment debtor above named, exceeding ten dollars in value.” Under the rule laid down by the court in the case of Crowns v. Vail (51 Hun, 204), and sanctioned by this court in the case of Ladenburg v. Commercial Bank (5 App. Div. 219), the affidavit is…
2Cases cited2 opinions
- Crowns v. VailNew York Supreme Court · 1889
- Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Bridges v. KoppelmanCity of New York Municipal Court · 1909
- Bucki v. BuckiNew York Supreme Court · 1899
- In re Weil, New York County Courts1922