Colne v. Girard
City of New York Municipal Court
Motion by judgment debtor to dismiss proceedings supplementary to execution. After the proceedings were begun, and before any examination of the debtor, the balance .due was paid by him. Upon his motion to dismiss, the judgment creditor asked for an award of costs, under Code Civ.
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Motion by judgment debtor to dismiss proceedings supplementary to execution. After the proceedings were begun, and before any examination of the debtor, the balance .due was paid by him. Upon his motion to dismiss, the judgment creditor asked for an award of costs, under Code Civ. Pro. § 2455, which provides: “ The judge may make an order allowing to the judgment creditor a fixed sum, as costs, consisting of his witnesses’ fees and other disbursements, and o'f a sum, in addition thereto, not exceeding, thirty dollars; and directing the payment thereof, out of any money which lias come, or may…
1Opinion of the Court
McAdam, Ch. J.
The defendant moves to have the supplementary proceedings instituted against him dismissed on payment of the balance due upon the judgment. He has not been examined, and on that account urges that no-costs can be awarded against him.
Section 2455 of the Code is sufficiently comprehensive to cover the case stated, and a fixed sum may be awarded to the creditor on terminating the proceeding by payment, *289although the debtor has not been examined under the order. The next section (2456), providing for costs to the judgment debtor, is limited to cases in which an examination has been…
2Cited by1 opinion
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