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6 N.Y.S. 535

Renner v. Meyer

City of New York Municipal Court

Decided April 15, 1889

City of New York Municipal Court · decided 1889-04-15

Action by Frederick G-. Benner against John Meyer. Plaintiff, having recovered a judgment, instituted supplemental proceedings. Defendant now moves to compel plaintiff to file the examination.

Decided 1889-04-15

McAdam, C. J.

¶1Judgment creditors seem to have the notion that because they take down the examination of a debtor the examination, when reduced to writing, is their property, which they may take to their office and appropriate as they please. This is a mistake. The examination becomes a court record, and the debtor has sufficient interest in it to require the creditor to file it for future use or reference. Code Civil Proc. § 825. If in this court, the examination should be filed with the clerk thereof, (rule 2,) and the orders appointing a receiver must be filed with the county clerk, (Code Civil Proc. § 2467.) Where the examination has been filed, it may save the debtor considerable time and trouble in case of a subsequent examination by another creditor. There is no reason why the same ordeal should be unnecessarily repeated. Motion to require creditor to file examination granted. Ho costs. Ordered accordingly.

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