Practice in Special Proceedings in the Courts of Record of the State of New York
Practice in Special Proceedings in the Courts of Record of the State of New York
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Co. V. Daggett, 9 Civ. Pro. 408. On an examination in sup- plementary proceedings, the creditor is not deprived of his right to a complete discovery of the facts by a claim of a witness that he is the owner, by purchase, of the property sought to be reached. The creditor may still show, if possible, that the pur- chase was not made in good faith. Mechanics and T. Bank v. Healy, 14 Week. Dig. 129, affirmed, 89 N. Y. 605. It is not necessary to swear the debtor or witness a second time on an adjo...urned examination. Hudson v. Plets, ii Paige, 180. The power of the referee to examine further is spent on making his report. Orrs Case, 2 Abb. 457. But a judge has power to compel a further examination even after a receiver is appointed. People V. Mead, 29 How. 360. It is no ground for staying supple- mentary proceedings that a creditor's bill is pending between the parties. The debtor may be inquired of as to the sources whence he acquired his property. Forbes v. Willard, 54 Barb. 520. In proceedings against a third party, the question of rights of the parties cannot be determined.
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You can find similar books in the "Read Also" column, or choose other free books by J Newton James Newton Fiero to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Co. V. Daggett, 9 Civ. Pro. 408. On an examination in sup- plementary proceedings, the creditor is not deprived of his right to a complete discovery of the facts by a claim of a witness that he is the owner, by purchase, of the property sought to be reached. The creditor may still show, if possible, that the pur- chase was not made in good faith. Mechanics and T. Bank v. Healy, 14 Week. Dig. 129, affirmed, 89 N. Y. 605. It is not necessary to swear the debtor or witness a second time on an adjo...urned examination. Hudson v. Plets, ii Paige, 180. The power of the referee to examine further is spent on making his report. Orrs Case, 2 Abb. 457. But a judge has power to compel a further examination even after a receiver is appointed. People V. Mead, 29 How. 360. It is no ground for staying supple- mentary proceedings that a creditor's bill is pending between the parties. The debtor may be inquired of as to the sources whence he acquired his property. Forbes v. Willard, 54 Barb. 520. In proceedings against a third party, the question of rights of the parties cannot be determined.
What to read after Practice in Special Proceedings in the Courts of Record of the State of New York?
You can find similar books in the "Read Also" column, or choose other free books by J Newton James Newton Fiero to read onlineMoreLess
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