Hinds v. Canandaigua & Niagara Falls Railroad
New York Supreme Court
The plaintiff, on the usual affidavit that he had obtained judgment against the defendant for -$12,227.07, and had issued an execution to sheriff of Ontario county, requiring him to collect the same from the defendant’s property, and that the execution had been returned wholly unsatisfied, procured an order from the county judge of Ontario county, requiring the said corporation to appear before said judge to be examined concerning its property, and where it was to be found,…
Read the full summary
The plaintiff, on the usual affidavit that he had obtained judgment against the defendant for -$12,227.07, and had issued an execution to sheriff of Ontario county, requiring him to collect the same from the defendant’s property, and that the execution had been returned wholly unsatisfied, procured an order from the county judge of Ontario county, requiring the said corporation to appear before said judge to be examined concerning its property, and where it was to be found, under § 292 of the Code. The order was directed to be served either upon the secretary or the president of the…
1Opinion of the Court
By the court—Johnson, Justice.
The objection made by the defendant’s attorney was well taken, and the proceedings should have been dismissed by the county judge. The Code is not applicable in the case of a judgment aga.nst a corporation. Section 292 provides for an order of this description, when an execution against the property of the judgment debtor, or any one of several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he does not reside in the state, to the sheriff of the county, where a judgment roll is filed, is returned unsatisfied in whole or…
2Cases cited1 opinion
- Morgan v. New-York & Albany Rail RoadNew York Court of Chancery · 1843
3Cited by4 opinions
- South Bend Toy Manufacturing Co. v. Pierre Fire & Marine InsuranceSouth Dakota Supreme Court · 1893
- Meyer v. Consolidated Ice Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Stephens v. PageNew York Court of Common Pleas · 1893
- Zelie v. VromanNew York Supreme Court · 1898