Happel v. Lippe

The judgment debtors appeal from an order appointing a receiver of their property in proceedings supplementary to execution. The proceeding was begun by the issuance of an order for the examination of a third party, the city of Hew York; and the point upon which the appellants rely is that the third party order itself was unauthorized and void because the affidavit upon which it was issued failed, as it is said, to state the necessary facts to show that the City Court, in which the judgment was recovered, had jurisdiction to render the judgment. It has been held in a number of cases that,…