Legal Opinion
Sperling v. Levy
New York Court of Common Pleas
Decided May 15, 1860PublishedCited by 5 opinions
Appeal from an order refusing to set aside supplementary proceedings. The facts are stated in the opinion.
1Opinion of the Court
By the Court.—Hilton, J.
—To entitle a party to the examination of a judgment-debtor under the first subdivision of section 292 of the Code, it is only necessary for him to show that an execution has been issued upon the judgment, against the debtor’s property, and returned unsatisfied in whole or in part. In the language of that section, the judgment-creditor at any *427time after such return is made, is entitled to an order from a judge of the court requiring such judgment-debtor to appear and answer concerning his property.
By (2 Rev. Stat., 440, § 77), it is provided that every sheriff, or…
2Cases cited4 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Putnam v. ManNew York Supreme Court · 1829
- Wheeler v. LampmanNew York Supreme Court · 1817
- Browning v. HanfordCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by5 opinions
- Reeves v. SherwoodSupreme Court of Arkansas · 1885
- Eleventh Ward Bank v. HeatherAppellate Terms of the Supreme Court of New York · 1897
- High Rock Knitting Co. v. BronnerNew York Supreme Court · 1896
- Fidelity-Philadelphia Trust Co. v. Miller, Pennsylvania Court of Common Pleas, Philadelphia County1937
- Jones, McDowell & Co. v. Ark. Mech. & Agl. Co.Supreme Court of Arkansas · 1881