Morrell v. Hey

Decided November 15, 1862

New York Supreme Court · decided 1862-11-15

Judgment was recovered in this action by John H. Morrell against Eibe Hey, for $199.38. After the return of execution unsatisfied, an order for the examination of the defendant, in supplementary proceedings, was issued, and a reference ordered to take such .examination.

Cited by 2 later decisions — most recently July 1913

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-11-15

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Ingraham, P. J.

¶1The plaintiff moves for a commission to examine a witness in supplementary proceedings.

¶2It is conceded that prior to amendment of the Code, in 1860, such a motion could not be granted.

¶3I do not think the amendment of the Code, in section 399, alters that rule. That section, as amended, only applies to the examination of the witness, and extends to special proceedings the right to examine a párty as in an action. It does not allow, a commission to issue for such purpose. There is no other statute which makes such a commission proper. The Eevised Statutes, under which commissions are issued, require issue to be joined.

¶4The law as to commissions for the examination of witnesses, is not altered either by the amendments of 1860 or 1862.

¶5Motion denied.