Curtois v. Harrison
New York Court of Common Pleas
Appeal from an order of the special term dismissing an injunction order for the examination of a witness in supplementary proceedings. This action was brought under the act of 1849, (2 Rem. Stats., 4 Ed., 717, § 121), by Hector Curtois against L. F. Harrison as Treasurer of the Young Men’s Democratic Union Club.
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Appeal from an order of the special term dismissing an injunction order for the examination of a witness in supplementary proceedings. This action was brought under the act of 1849, (2 Rem. Stats., 4 Ed., 717, § 121), by Hector Curtois against L. F. Harrison as Treasurer of the Young Men’s Democratic Union Club. I. That the judge erred in dismissing the order for Harrison’s examination, because the making that order was discretionary with the judge who made it, and it could not be dismissed by another upon the same state of facts: and II. That Harrison was liable to the examination demanded.
1Opinion of the Court
Ingraham, F. J.
The plaintiff recovered against the defendant a judgment in the Marine Court, under the statute of 1849, ch. 258, and filed a transcript with the county clerk. After issuing an execution, he commenced supplementary proceedings to enforce the payment thereof. The order obtained was against L. F. Harrison, as a person having property in his possession of the judgment debtor exceeding in value $10. On the return of the order, the judge at chambers, on defendant’s motion, discharged it, from which the plaintiff appeals.
There is no force in the objection that the judge could not on…
2Cases cited1 opinion
- Sherwood v. Saratoga & Washington RailroadNew York Supreme Court · 1852
3Cited by3 opinions
- Feinberg v. KutcoskyAppellate Division of the Supreme Court of the State of New York · 1911
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1864
- Gerhard Mennen Chemical Co. v. DressnerCity of New York Municipal Court · 1907