In re Gagnon

Appellate Division of the Supreme Court of New York

In re Gagnon

52 N.Y.S. 309

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 1898

StatusPublished

Cited by1 cases

This text of 52 N.Y.S. 309 (In re Gagnon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Gagnon, 52 N.Y.S. 309 (N.Y. Ct. App. 1898).

Pincite

Opinion

CULLEN, J.

The affidavit on which the order for the examination of the third party in proceedings supplementary to execution was granted was fatally defective, in failing to state the residence of the judgment debtor at the time of the institution of the proceeding, as required by section 2458 of the Code of Civil Procedure. On this question the cases of Schenck v. Irwin, 60 Hun, 361, 15 N. Y. Supp. 55, and Franey v. Smith, 88 Hun, 215, 34 N. Y. Supp. 780, are decisive authorities. The rule under the old Code was to the contrary, but Mr. Throop’s note to section 2458 shows that it was intended to change that rule. The cases cited by the respondents, which arose under the old Code, are therefore not in point.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, all to be applied on plaintiff's judgment. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

CULLEN, J.

The affidavit on which the order for the examination of the third party in proceedings supplementary to execution was granted was fatally defective, in failing to state the residence of the judgment debtor at the time of the institution of the proceeding, as required by section 2458 of the Code of Civil Procedure. On this question the cases of Schenck v. Irwin, 60 Hun, 361, 15 N. Y. Supp. 55, and Franey v. Smith, 88 Hun, 215, 34 N. Y. Supp. 780, are decisive authorities. The rule under the old Code was to the contrary, but Mr. Throop’s note to section 2458 shows that it was intended to change that rule. The cases cited by the respondents, which arose under the old Code, are therefore not in point.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, all to be applied on plaintiff's judgment. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

52 N.Y.S. 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gagnon-nyappdiv-1898.

Opinion

Related

Cite This Page — Counsel Stack