Carter v. Clarke
The Superior Court of New York City
Appeal from an order made by Justice Monell, overruling certain questions put to the defendant, a judgment debtor, on his examination in proceedings supplementary to the return of an execution unsatisfied.
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Appeal from an order made by Justice Monell, overruling certain questions put to the defendant, a judgment debtor, on his examination in proceedings supplementary to the return of an execution unsatisfied. On the 13th of August, 1862, the plaintiff recovered a judgment in this court, against the defendant for the sum of |1893.35, damages and costs, and on the same day he filed a transcript of the judgment in the clerk’s office of the city and county of Hew York, and issued an execution upon said judgment to the sheriff of the city and county of Hew York, in whose county the defendant then…
1Opinion of the Court
Robertson, Ch. J.
This purports to be an appeal from an order at special term, or “ from so much of it as prevents and restrains the plaintiff from examining into the property of the defendant fully, in a proceeding supple- ' mentary to execution.” An order was formally entered as at special term, upon such supplementary proceeding, declaring that the examination of the defendant, under the order obtained therein, should “ be confined to the fact as to whether the defendant had acquired any property, real or personal, since the date of his examination on a former order,” and that all questions…
2Cases cited4 opinions
- Walden v. Bodley's HeirsSupreme Court of the United States · 1850
- Viburt v. FrostThe Superior Court of New York City · 1856
- Squire v. YoungThe Superior Court of New York City · 1858
- Hersenheim v. HooperThe Superior Court of New York City · 1852
3Cited by1 opinion
- Stuart v. AllenWisconsin Supreme Court · 1878