Corning v. Tooker & Ladue
New York Supreme Court
PROCEEDINGS SUPPLEMENTARY TO EXECUTION. The plaintiffs having recovered a judgment against the defendants, upon which an execution had been issued and returned unsatisfied, an order was made, requiring the defendants to appear and answer before John Newland, Esquire, a referee, pursuant to the 292d section of the Code.
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PROCEEDINGS SUPPLEMENTARY TO EXECUTION. The plaintiffs having recovered a judgment against the defendants, upon which an execution had been issued and returned unsatisfied, an order was made, requiring the defendants to appear and answer before John Newland, Esquire, a referee, pursuant to the 292d section of the Code. Another order was made, under the 294th section, requiring Francis S. Low, who was alleged tb be indebted to the defendants or one of them, to appear and answer before the same referee. It appears from the examination, certified by the referee, that Low had agreed with one Van…
1Opinion of the Court
Harris, Justice.
After the examination has been concluded, and, if taken before a referee, certified to the judge, an order may be made, if a proper case is presented, under the 297th section of the. Code, directing the property of the judgment debtor, whether in his own or another’s hands, and also any debt due to him to be applied towards the satisfaction of the judgment; or, under the next section, a receiver of the property of the debtor may be appointed; or, if the case require it, both may be done. Whether the one or the other, or both shall be done, rests, Tthink, in the sound…
2Cited by5 opinions
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- Reynolds v. ParkesNew York Surrogate's Court · 1884
- Schwab v. CohenCity of New York Municipal Court · 1887
- Sherwood v. DolenNew York Supreme Court · 1878