Legal Opinion

Ives v. Lockwood

New York Supreme Court

Decided August 15, 1883PublishedCited by 1 opinion

Appeal by Oliver S. Carter and others, dening a motion to vacate and set aside an order requiring them to attend and submit to an examination, and also directing it to proceed.

1Opinion of the CourtDaniels, J.

The appellants were alleged to have property in their hands belonging to the defendant which should be made the subject of attachment in the action. They, however, delivered a certificate to the sheriff, stating that they had no property of any description of the defendant Lockwood, and were owing no debt to him. Upon an affidavit made for that purpose, they were ordered to appear and submit to the examination provided for by section 651 of the Code of Civil Procedure. But this order could only be made when there was reason to suspect that the certificate was either untrue or failed fully to…

2Cited by1 opinion

  1. Stine v. GreeneAppellate Division of the Supreme Court of the State of New York · 1901

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