Lee v. Heirberger

New York Supreme Court

Lee v. Heirberger

2 Edm. Sel. Cas. 23

DecidedSeptember 15, 1848

StatusPublished

This text of 2 Edm. Sel. Cas. 23 (Lee v. Heirberger) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lee v. Heirberger, 2 Edm. Sel. Cas. 23 (N.Y. Super. Ct. 1848).

Pincite

Opinion

Edmonds, J.:

This motion cannot be granted on the affi davit as it now stands. In order to obtain the order sought for by this motion, it is not sufficient that the affidavit follows the wording of the statute; it must be positive, either that the person has property of the judgment debtor, or that he is [24]*24indebted to the judgment debtor, or that he has property and is indebted to the judgment debtor; but it cannot be put in the alternative.

Motion denied.

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Edmonds, J.:

This motion cannot be granted on the affi davit as it now stands. In order to obtain the order sought for by this motion, it is not sufficient that the affidavit follows the wording of the statute; it must be positive, either that the person has property of the judgment debtor, or that he is [24]*24indebted to the judgment debtor, or that he has property and is indebted to the judgment debtor; but it cannot be put in the alternative.

Motion denied.

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Bluebook (online)

2 Edm. Sel. Cas. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-heirberger-nysupct-1848.