Guinan v. Allan
Appellate Division of the Supreme Court of the State of New York
Appeal by Radcliffe Baldwin, a third party, examined in a proceeding instituted to discover property subject to an attachment,, issued in the above-entitled action, from an order of -the Supreme-Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of December, 1898, requiring him to produce certain books and papers before the referee.
1Opinion of the Court
Woodward, J.:
W e are of opinion that the Special Term was without authority to grant the order appealed from. The sheriff of the county of *138New York, holding a warrant of attachment against the defendants, applied to the firm of Austin, Baldwin & Co., of New York, of which firm the appellant is a member, for a certificate under the provisions of section 650 of the Code of Civil Procedure. The certificate was furnished, setting .forth the fact that the firm had no property in their possession or control belonging to the defendants. The plaintiff then applied for and secured an order for the…
2Cited by3 opinions
- Randall v. RandallAppellate Division of the Supreme Court of the State of New York · 1910
- Davidson v. SokiranAppellate Terms of the Supreme Court of New York · 1935
- Opn. No., New York Attorney General Reports1977