Jurgenson v. Hamilton
New York Supreme Court
Motion to dismiss supplementary proceedings. Christian Jurgenson recovered judgment against one Hamilton in 1874, shortly after examined him in supplementary proceedings, and having ascertained that he •had no property, let the matter rest until April, 1878, when he procured another order from Judge Pottek to examine the defendant.
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Motion to dismiss supplementary proceedings. Christian Jurgenson recovered judgment against one Hamilton in 1874, shortly after examined him in supplementary proceedings, and having ascertained that he •had no property, let the matter rest until April, 1878, when he procured another order from Judge Pottek to examine the defendant. On the return-day of the order the defendant appeared, and his counsel moved to dismiss the order, on the ground that the affidavit on which the order was obtained was not true in stating that the defendant resided and had a place of business in the county of New…
1Opinion of the CourtBarrett, J.
The defendant should not be harassed by successive examinations upon the same judgment. It is evident that he was fully examined, and if the proceedings were abandoned it was probably because the plaintiff has exhausted all remedies and reasonable efforts in that direction. It is only when proceedings have inadvertently fallen through, that a second order without freshly-acquired property, is allowed. A party cannot, after examining the matter for eight hours, drop the matter and commence de novo, when*151ever it suits Ms conveMence. The order must be dismissed with $10.00 costs .to be deducted…
2Cited by2 opinions
- Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
- Weiss v. AshmanNew York Court of Common Pleas · 1895