Arnot v. Wright
New York Supreme Court
Appeal from special term, Chemung county. In an action by Matthias H. Arnot and others against Samuel P. Wright, after judgment for plaintiff, and the issue of an execution, an order was obtained for the examination of defendant. From the order denying his motion to set aside the order for his examination, defendant appeals.
1Opinion of the CourtMartin, J.
The only question we need consider on this appeal is the sufficiency of the affidavit upon which the order to examine the judgment debtor was granted. The Code of Civil Procedure provides that, after the return unsatisfied of an execution against property, issued either to the sheriff of the ■county where (1) the judgment debtor has a place for the regular transaction ■of business in person, or (2) where he resides, if a resident of the state, or. *16(3) if not a resident, the county where the judgment roll is filed, upon proof of the facts by affidavit, the judgment creditor is entitled to an…
2Cases cited1 opinion
- Collins v. BeebeNew York Supreme Court · 1889
3Cited by9 opinions
- Holloway v. HollowaySupreme Court of Arkansas · 1908
- Jelliffe v. ThawCourt of Appeals for the Second Circuit · 1933
- Smith v. CutterAppellate Division of the Supreme Court of the State of New York · 1901
- Cronin v. CrooksNew York Supreme Court · 1894
- Dintruff v. TuthillNew York Supreme Court · 1892
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