The Law And Practice in Proceedings Supplementary to Execution : Under the New York Code, And Adapted to All the Other States Having Similar Practice, Including Decisions to July, 1886

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N. C, 488.
Under § 2435 of the Code, an order in supplement- ary proceedings is justified by the return, unsatisfied, of a second execution, regularly issued on the judg- ment, though such order be issued more than ten years subsequent to the return of the first execution. Levy V. Kirby, 5 1 iV. Y. Superior Court R., 69.
It is not necessary to state in the affidavit to obtain order for examination of a judgment debtor in pro- ceedings supplementary to execution, that the city court of New York
...is a court of record, that no pre- 460 POWERS OF JUDGE.
vio.us application for an order to examine judgment debtor has been made in the action, or that the judg- ment was rendered upon the judgment debtor's ap- pearance or personal service of the summons upon him.
Sayer v. MacDonald, 2 How. Pr. {N. S.), 1 19.
The sheriff's return which shows substantially that the defendant has no property to satisfy the execution is sufficient to authorize supplementary proceedings, although not in form. Forbes v.


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