In re the Examination of the First National Bank of Earlville
Appellate Division of the Supreme Court of the State of New York
Appeal by Adelbert Rugg and another, judgment debtors, from an order of the county judge of Chenango county, entered in the office of the clerk of the county of Chenango on the 14th day of March, 1904, denying the said judgment debtors’ motion to vacate an order made by said county judge on the 1st day of March, 1904, to examine the First Rational Bank of Earlville by its cashier and to vacate the injunction order therein contained.
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Appeal by Adelbert Rugg and another, judgment debtors, from an order of the county judge of Chenango county, entered in the office of the clerk of the county of Chenango on the 14th day of March, 1904, denying the said judgment debtors’ motion to vacate an order made by said county judge on the 1st day of March, 1904, to examine the First Rational Bank of Earlville by its cashier and to vacate the injunction order therein contained. The judgment creditor, Ellis, recovered judgment against Adelbert and Mary Rugg on October 24, 1898, for $838.75 debt, and $18.05 costs. A transcript thereof was…
1Opinion of the Court
Parker, P. J.:
One of the grounds upon which the judgment debtors applied to the county judge to vacate the. order of March first was that he had no jurisdiction to make it, because of the insufficiency of the affidavit upon which it was granted. It was granted upon the affidavit of E. W. Cushman, made February 24, 1904, and his statement therein that the bank had personal property of the judgment debtors exceeding ten dollars in value is made entirely upon information and belief, and does not state the “ sources of his information and *22the grounds of his belief.” Substantially it states no…
2Cases cited1 opinion
- First National Bank v. WallaceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Litsky v. Fulton Operating Corp.City of New York Municipal Court · 1947