Lawyers' Title Insurance v. Stanton
This text of 84 N.Y.S. 468 (Lawyers' Title Insurance v. Stanton) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The order appealed from must be reversed. The affidavit upon which the order for the examination of the judgment debtor was made fails to state the residence of the judgment debtor at the time of the' commencement of the proceeding. This is a necessary allegation to give the court jurisdiction, under subdivision 2 of section 2438 of the Code "of Civil Procedure. The case of Schenck v. Irwin, 60 Hun, 361, 15 N. Y. Supp. 55, is authority for this proposition.
The order denying the motion to vacate the proceedings is reversed, with $10 costs and disbursements, and the motion should be granted, with $10 costs. All concur.
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84 N.Y.S. 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawyers-title-insurance-v-stanton-nyappterm-1903.