Legal Opinion

Grocers' Bank v. Bayaud

New York Supreme Court

Decided May 15, 1880Published

Appeal from an order vacating an order for the- examination of the defendant in supplementary proceedings. The order in question was made on February 13,1880. On the hearing of the motion to vacate this order, it appeared that the defendant had already been examined in this action, under an order made on June 17, 1872, that such examination had been finally concluded, and p, receiver duly appointed.

1Opinion of the Court

Beady, J.:

The judgment of which the order in supplementary proceedings was predicated was recovered on March 6, 1872. In June, of the same year, the judgment debtor .was examined, and a receiver ap*204pointed of all bis property. Tbe affidavit, on wliich tbe order for tbe second examination was obtained, does not disclose tbe previous examination, and makes no mention of any proceeding under it. On tbe contrary, it states that no previous application bad been made for 'tbe order secondly obtained, which, though doubtless true as to that order, was not strictly correct, tbe error arising no doubt…

2Cases cited1 opinion

  1. Goodall v. DemarestNew York Court of Common Pleas · 1858

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