King v. Burnett

This motion to vacate an order for the examination of a third party in supplementary proceedings is based chiefly upon the ground that the parties sought to be examined are executors, and that the provisions of section 2441 of the Code of Civil Procedure were not intended to apply to executors and administrators, but that the portions of the Code of Civil Procedure regulating the practice in the Surrogate’s Court are exclusive, and that the plaintiff must find her remedy under those portions of the Code. *162The facts, so far as it is necessary to state them, are as follows: On June 30, 1917, the…