Renner v. Meyer

City of New York Municipal Court

Renner v. Meyer

6 N.Y.S. 535, 22 Abb. N. Cas. 438

CourtCity of New York Municipal Court

DecidedApril 15, 1889

StatusPublished

Cited by2 cases

This text of 6 N.Y.S. 535 (Renner v. Meyer) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Renner v. Meyer, 6 N.Y.S. 535, 22 Abb. N. Cas. 438 (N.Y. Super. Ct. 1889).

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Opinion

McAdam, C. J.

Judgment creditors seem to have the notion that because they take down the examination of a debtor the examination, when reduced to writing, is their property, which they may take to their office and appropriate as they please. This is a mistake. The examination becomes a court record, and the debtor has sufficient interest in it to require the creditor to file it for future use or reference. Code Civil Proc. § 825. If in this court, the examination should be filed with the clerk thereof, (rule 2,) and the orders appointing a receiver must be filed with the county clerk, (Code Civil Proc. § 2467.) Where the examination has been filed, it may save the debtor considerable time and trouble in case of a subsequent examination by another creditor. There is no reason why the same ordeal should be unnecessarily repeated. Motion to require creditor to file examination granted. Ho costs. Ordered accordingly.

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McAdam, C. J.

Judgment creditors seem to have the notion that because they take down the examination of a debtor the examination, when reduced to writing, is their property, which they may take to their office and appropriate as they please. This is a mistake. The examination becomes a court record, and the debtor has sufficient interest in it to require the creditor to file it for future use or reference. Code Civil Proc. § 825. If in this court, the examination should be filed with the clerk thereof, (rule 2,) and the orders appointing a receiver must be filed with the county clerk, (Code Civil Proc. § 2467.) Where the examination has been filed, it may save the debtor considerable time and trouble in case of a subsequent examination by another creditor. There is no reason why the same ordeal should be unnecessarily repeated. Motion to require creditor to file examination granted. Ho costs. Ordered accordingly.

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Bluebook (online)

6 N.Y.S. 535, 22 Abb. N. Cas. 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renner-v-meyer-nynyccityct-1889.

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