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37 How. Pr. 270

Brockway v. Brien

New York Court of Common Pleas

Decided June 15, 1869

New York Court of Common Pleas · decided 1869-06-15

<p>The first order, in supplementary proceedings, appointing a referee, &c., must he finished or some order made by the court in the proceeding, before any other order can be made in the premises.</p>

Cited by 2 later decisions — most recently July 1913

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1869-06-15

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Mr. Sheehan

¶1stated that he wished to make this a test case to settle the practice in supplementary proceedings, as *271to his own knowledge great wi’ong was being done by changing referees and making orders while the first orders were still in force, and not set aside by any order of the court; and requested the judge to settle the practice, which was, up to this time doubtful.

¶2Daly First Judge, coincided with defendants counsel, and decided that the first order in a supplementary proceeding must be finished or some order made by the court in the proceeding, before any other order could be made in the premises.

¶3Motion denied.

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