Union National Bank of Troy v. Winchell

Appellant bank is a judgment creditor of Fred Winchell. Certain personal property was levied upon by the Sheriff under an execution resting on the judgment. The respondents Veronica Winchell and Florian W. Greenbacker made claim to be the owners of the property. They filed affidavits, pursuant to section 696 of the Civil Practice Act with the Sheriff asserting their claims.

The judgment creditor then served a written notice which stated that it was in pursuance of rule 115 of the Rules of Civil Practice, requiring a bill of particulars as to the claims of ownership of the property. On…