Kemp v. Gartenberg

This is a motion to punish for contempt Morris Gartenberg, one of the judgment debtors, for his failure to appear for examination, pursuant to an order in proceedings supplementary to execution. The order was granted upon the affidavit of one Edward H. Burger, wherein he alleges ‘ ‘ that he is the attorney for the plaintiff, who is the judgment creditor in this proceeding.” The right of the plaintiff or the said attorney to institute the proceedings is challenged by the respondent on the ground that it affirmatively appears from the affidavit of Mr. Burger that the ‘ ‘ judgment was duly…