Allen v. Starring
New York Supreme Court
Judgment was recovered by the plaintiff against all the defendants. It was paid by defendant Wodrig, and assigned to him by plaintiff. Wodrig issued execution against the other defendants, which was returned nulla bona. On the 3d of October, 1862, Judge Parker made an order in supplementary proceedings, requiring defendant A. L. Starring to appear before Mr. Fassett, as referee, on the 26th of October, and appointing Fassett referee to take and report the evidence.
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Judgment was recovered by the plaintiff against all the defendants. It was paid by defendant Wodrig, and assigned to him by plaintiff. Wodrig issued execution against the other defendants, which was returned nulla bona. On the 3d of October, 1862, Judge Parker made an order in supplementary proceedings, requiring defendant A. L. Starring to appear before Mr. Fassett, as referee, on the 26th of October, and appointing Fassett referee to take and report the evidence. The parties appeared, with their counsel, at the time and place mentioned in the order, but the referee was absent, and did not…
1Opinion of the Court
By the court, Campbell, Justice.
I think the order of the Chemung county judge should have been vacated. There was an order in full force, made by a justice of this court, for the examination of the judgment debtor. Both the debtor and the creditor had attended pursuant to the order of Justice Parker, on the very day the order was made by the county judge. There was no abandonment or discontinuance of the proceedings. The referee was absent, it is true; but a new time for the examination could have been agreed on, or the justice, on application to him, would have appointed a further or, other…
2Cases cited1 opinion
- Griffin v. DominguezThe Superior Court of New York City · 1853
3Cited by1 opinion
- Keihen v. ShipherdCity of New York Municipal Court · 1889