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154 F. 957

In re Shepherd

United States Circuit Court for the Southern District of New York · decided 1907-05-21

<p>Execution — Supplementary Peoceedings — Costs.</p> <p>Where a judgment debtor had not been the cause of delay in extended supplementary proceedings before a master, the expenses of a controversy maintained by his debtors to protect their individual interests should not be taxed to him, but he was only liable for a portion of the costs with necessary disbursements in serving papers on him; all other cofets and disbursements being chargeable to his debtors, whose obligations the creditor sought to reach in the proceedings.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 21, Execution, § 1194.]</p>

Cited by 1 later decisions — most recently March 1908

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1907-05-21

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¶1Execution — Supplementary Peoceedings — Costs.

¶2Where a judgment debtor had not been the cause of delay in extended supplementary proceedings before a master, the expenses of a controversy maintained by his debtors to protect their individual interests should not be taxed to him, but he was only liable for a portion of the costs with necessary disbursements in serving papers on him; all other cofets and disbursements being chargeable to his debtors, whose obligations the creditor sought to reach in the proceedings.

¶3[Ed. Note. — For cases in point, see Cent. Dig. vol. 21, Execution, § 1194.]

¶4Joseph L. Levy, for the motion.

¶5Briesen & Knauth, opposed.

¶6LACOMBL, Circuit Judge.

¶7The court is informed that the amount of the judgment, with interest, is about to be paid, and the only question left is as to the costs of these proceedings. Apparently the judgment debtor has not been the cause of the delay and extended proceedings before the master, and he should not be called upon to pay the expenses of a controversy maintained by his own debtors to protect their individual interests Costs against him are taxed at $30, with necessary disbursements in serving papers upon him. All other costs and disbursements should be collected from the two alleged debtors o.f the judgment debtor. To the extent of one-half of the residue of the costs, the court will, if defendants so desire, appoint a receiver of the judgment debtor’s claims against each alleged debtor; further proceedings to be at defendants’ risk and cost.

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