Day v. Lee

Decided November 15, 1876

New York Court of Common Pleas · decided 1876-11-15

An’ application was made to punish Mr. Jones, the publisher of the New York Times, for alleged contempt in not appearing to be examined as a third person under section 294 of the Code, as to whether he had any property of the defendant Lee, a judgment debtor. The application was made by Albert Day, the creditor, in person. He had examined Lee in supplementary proceedings, and-ascertained that he was or had been an employe of the Times on a weekly salary.

Cited by 1 later decisions — most recently August 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-11-15

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Van Brunt, J.

¶1The affidavit upon which the order was made, the allegation of indebtedness being* simply upon information and belief without stating the sources of information, is not a sufficient allegation to support any facts necessary to be established to entitle the court to issue the order for examination, and the examination in this case shows the necessity of the rule requiring facts to be stated, and not conclusions. Many cases have come before me where third parties have been damaged before the court without any reason whatever, and such orders are a hardship and should be discountenanced.

¶2Proceedings dismissed as without jurisdiction.