McAlpin v. Stoddard
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of New York for the examination of the defendant in proceedings supplementary to execution.
1Opinion of the CourtGildersleeve, J.
In February, 1901, the plaintiffs obtained an order, based upon an affidavit, for the examination of the defendant herein, in proceedings supplementary to execution. The affidavit and order,,were entitled as in an action in the City Court; and upon the return day of the order the defendant, the judgment debtor, objected to the validity of the order, and thereupon the justice, before whom the examination was about to be taken, made this indorsement upon the order: “Proceeding dismissed upon objection made by judgment-debtor that proceeding is entitled in an action, with leave to renew. No…
2Cases cited2 opinions
- Savage v. RelyeaNew York Supreme Court · 1848
- Shults v. AndrewsNew York Supreme Court · 1878
3Cited by7 opinions
- The Ansaldo San Giorgio ICourt of Appeals for the Second Circuit · 1934
- Bridges v. KoppelmanCity of New York Municipal Court · 1909
- Buchsbaum v. LaueNew York Supreme Court · 1909
- Bird v. WesselsAppellate Terms of the Supreme Court of New York · 1909
- Rheinstrom Bros. v. Societa Nazionale Di NavigazioneCourt of Appeals for the Second Circuit · 1934
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