Green v. Bullard
New York Supreme Court
The affidavit in- the first above entitled cause, after stating the recovery of a judgment in this court, for $12T,03,—the filing and docketing the same in this county—the issuing of an execution thereon, and the return thereof by the sheriff, wholly unsatisfied, proceeded thus: u And deponent further saith, that he suspects and believes that the defendant, Gardner Bullard, has property, or rights in action, or some interest held in trust for him, not by law exempt from,…
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The affidavit in- the first above entitled cause, after stating the recovery of a judgment in this court, for $12T,03,—the filing and docketing the same in this county—the issuing of an execution thereon, and the return thereof by the sheriff, wholly unsatisfied, proceeded thus: u And deponent further saith, that he suspects and believes that the defendant, Gardner Bullard, has property, or rights in action, or some interest held in trust for him, not by law exempt from, execution, which might be applied in payment of said judgment, or some part thereof. And this deponent is apprehensive that…
1Opinion of the Court
Willard, Justice.
The Code does not require that a copy of the affidavit should be served on the defendant, with the order forbidding a transfer of the defendant’s property, in these supplementary proceedings. That requirement relates to orders granted in actions, enlarging the time within which any proceeding may be had. (Code, § 405.) Besides, an irregular service of the order, if there was any, was waived by appearance and submitting to an examination.
*316■ II. The order forbidding a transfer of the defendant’s property, issued under § 298 of the Code, though sometimes spoken of as an…
2Cases cited1 opinion
- Conway v. HitchinsNew York Supreme Court · 1850
3Cited by2 opinions
- Farqueharson v. KimballNew York Supreme Court · 1859
- Rule v. GumeerSupreme Court of Colorado · 1889