Goodall v. Demarest
New York Court of Common Pleas
Motion to vacate an order for the examination of the defendant, a judgment debtor, under proceedings supplementary to execution. The affidavits on which the motion was grounded, showed that the defendant had been once fully examined under a previous order granted upon the same judgment, and no property discovered; and alleged that the last order had been obtained for the purposes of vexation and annoyance.
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Motion to vacate an order for the examination of the defendant, a judgment debtor, under proceedings supplementary to execution. The affidavits on which the motion was grounded, showed that the defendant had been once fully examined under a previous order granted upon the same judgment, and no property discovered; and alleged that the last order had been obtained for the purposes of vexation and annoyance. In opposition to the motion, an affidavit was produced stating circumstances which would naturally lead to the belief that the defendant was now possessed of property, and denying any…
1Opinion of the CourtBrady, J.
If there has been an examination of the judgment debtor, and the creditor seeks a further examination, the affidavit on which the order is asked should state the previous proceeding, and the fact that the defendant had subsequently acquired some property, or circumstances from which such fact should be presumed. A multiplicity of examinations will not be tolerated without good reasons therefor, but, at the same time, no judgment creditor will be prevented from bona fide efforts in these proceedings to obtain satisfaction of his judgment. The affidavit on which the second order was obtained…
2Cited by4 opinions
- Clarke v. LondriganSupreme Court of New Jersey · 1878
- Grocers' Bank v. BayaudNew York Supreme Court · 1880
- Smith v. CollierNew York Supreme Court · 1886
- Weiss v. AshmanNew York Court of Common Pleas · 1895