Driggs v. Williams
New York Supreme Court
Motion to set aside an order for the examination of a judgment-debtor in supplementary proceedings. The judgment was for costs on dismissing the bill in a suit in chancery, brought by Seth Driggs against Samuel B. Williams. Decree was entered June 8th, 1842, and the money judgment remained unsatisfied of record.
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Motion to set aside an order for the examination of a judgment-debtor in supplementary proceedings. The judgment was for costs on dismissing the bill in a suit in chancery, brought by Seth Driggs against Samuel B. Williams. Decree was entered June 8th, 1842, and the money judgment remained unsatisfied of record. On June 6th, 1862, defendant obtained an order for the examination of the judgment-debtor in supplementary proceedings, and delivered it to the sheriff for service on the same day. The order was served on the judgment-debtor on June 8th.
1Opinion of the Court
Clerke,
J.—It has been generally, and I think correctly, held that an order for the examination of a judgment-debtor is not a mere process like the execution to enforce satisfaction of the judgment. It is not based upon the judgment alone but on a presentation of new facts which the plaintiff must prove to entitle him to the relief he seeks. It is, in short, in all respects, a substitute for a creditor’s bill, and is, in all its essential features, equivalent to a new suit.
If, then, the institution of a new suit (a creditor’s bill), would stop the operation of the statute presuming payment of…
2Cited by2 opinions
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