Legal Opinion

Eleventh Ward Bank v. Heather

Appellate Terms of the Supreme Court of New York

Decided December 15, 1897PublishedCited by 1 opinion

Appeal by plaintiff, a judgment creditor of the defendants, from an affirmance on September 27, 1897, by the General Term of the City Court, of an order of the Special Term, made July 1, 1897, vacating an order for the examination of the respondent George Heather, made June 21, 1897, in proceedings supplementary to execution.

1Opinion of the CourtDaly, P. J.

The plaintiff instituted supplementary proceedings upon the return of an execution against property unsatisfied, *88and his affidavit set forth all the jurisdictional facts to entitle him to an order for the examination of the judgment debtor. ' Such an order was granted, but upon the return day it was vacated upon the motion of George Heather, one of the defendants,- upon his affidavit showing that he-was seized and possessed of real property subject to' levy under execution.' The right to examine a judgment debtor in supplementary proceedings is not. discretionary when the affidavit for such'…

2Cases cited8 opinions

  1. Wright v. . NostrandNew York Court of Appeals · 1883
  2. Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
  3. Stoors v. KelseyNew York Court of Chancery · 1831
  4. Evans v. ParkerNew York Supreme Court · 1838
  5. Champenois v. WhiteNew York Supreme Court · 1828

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3Cited by1 opinion

  1. Edmonston v. SiskCourt of Appeals for the Tenth Circuit · 1946

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