De Vivier v. Smyth

McAdam. C. J.

— Frederick Hackman, a third person, having property belonging to the judgment debtor, was examined under an order supplementary to the issuing and before the return of the execution herein.

The plaintiff moves for the appointment of a receiver, and the third person objects that the application cannot be founded on the examination of the third person, particularly before the return of an execution unsatisfied. It was held under the old Code that a receiver could not be appointed where supplementary proceedings were instituted before the return of the execution (Darrow agt. Lee, 16…