Marshall v. Link
New York Supreme Court
Appeal from special term, Columbia county. Action by Matthew Marshall against Daniel H. Link. Defendant appeals from an order refusing to vacate an order for his second examination in supplementary proceedings in aid of an execution.
1Opinion of the Court
Learned, P. J
The principle that a second order for examination in proceedings supplementary shall not be granted, unless good reason therefor be shown, is not jurisdictional. ■ It is only to prevent the unreasonable harassing of a defendant. Therefore, on the motion to set aside the second order-in this case, it was not improper for the plaintiff to show more strongly than-had appeared on the ex parte application that the proceeding was not taken to harass the defendant, but with good reason, and to reach property which had come to the defendant since the prior examination. The jurisdictional…
2Cited by1 opinion
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