Shane Bros. & Wilson Co. v. Henshaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Henshaw, from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Westchester on the 16th day of May, 1916, adjudging him guilty of a contempt of court, and also from an order entered in said clerk’s office on the 31st day of May, 1916, denying defendant’s motion to vacate an order for his examination in supplementary proceedings.
1Opinion of the Court
Jenks, P. J.:
This appeal involves two orders — one for a second examination of the judgment debtor, and one to punish him for contempt for disobedience of the said order for a second examination.
The affidavit upon the application for a second examination of the judgment debtor does not purport to show any good reason why the judge should make it, and hence the order should be reversed, with $10 costs and disbursements, and the application should be denied, but without costs. (Canavan v. McAndrew, 20 Hun, 46; Matter of Walker, 157 App. Div. 609.)
But this defect in the affidavit did not affect…
2Cases cited5 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
- New York Mail & Newspaper Transportation Co. v. SheaAppellate Division of the Supreme Court of the State of New York · 1898
- Shults v. AndrewsNew York Supreme Court · 1877
- Marshall v. LinkNew York Supreme Court · 1891