Legal Opinion
Schermerhorn v. Owens
New York Supreme Court
Decided December 15, 1899Published
Motion by the defendants to set aside an order heretofore granted by the county judge of Oneida county, to examine the defendants in proceedings supplementary to execution taken on a judgment of the Supreme Court, on the ground that the order is one for a second examination of the defendants and that the affidavit of the plaintiff is insufficient.
1Opinion of the CourtDunmoke, J.
The only facts set forth in the affidavit upon which the order for a second examination of the judgment debtors herein was granted were the following:
“ Deponent further says that he is informed and verily believes that said judgment debtors were examined under this judgment in supplementary proceedings in 1891, but that since that time they have acquired and owned property which could not be reached by said former order and which should have been applied to the payment of the judgment above referred to. That said former proceeding has been abandoned.”
It seems to be a well-settled rule that…
2Cases cited4 opinions
- Mowry v. . SanbornNew York Court of Appeals · 1875
- Ammon v. KellarAppellate Terms of the Supreme Court of New York · 1897
- Parrish v. ParrishAppellate Division of the Supreme Court of the State of New York · 1898
- Losee v. AllenCity of New York Municipal Court · 1896