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22 Jones & S. 393

Milliken v. Thomson

The Superior Court of New York City · decided 1887-05-02

Appeal by defendant from order requiring him to answer a question propounded to him when under examination in proceedings supplementary to execution, etc.

Decided 1887-05-02

By the Court.—Sedgwick, Ch. J.

¶1The appeal should be dismissed. The order is not appealable. It affected no substantial right of defendant. He was called upon by it to do no more than give a name in answer to the question. This affected no interest of his except upon the supposition that the answer might lead to the making of an order that would competently require the application of property of defendant, to payment of the judgment.

¶2It is not necessary to examine the questions that would arise if the order were appealable. It may be further said, however, that proceedings supplementary to execution are not a part of an action and the order should not have been entitled in the action.

¶3Appeal dismissed with $10 costs.

¶4O’Gorman, J., concurred.

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