Collins v. Beebe

Decided November 7, 1889

New York Supreme Court · decided 1889-11-07

In an action by Maria Louisa Collins against Adeline M. Beebe, executrix, and Theodore D. Jones, executor, of Welcome It. Bebee, deceased, after judgment for plaintiff, and the issue of an execution, an order was obtained for the examination of a third person in supplemental proceedings. This order having been vacated by a subsequent order, plaintiff appeals.

Cited by 1 later decisions — most recently December 1933

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-07

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Van Brunt, P. J.

¶1I concur with Mr. Justice Daniels. The affidavit upon which the order was granted was wholly insufficient. The affidavit not only should not have been in the alternative, but it should have stated the facts upon which the affiant bases his allegation that the person to be examined either had property of the debtor or was indebted to him. An allega*445tian in the words of the statute is wholly insufficient. Facts must be stated from which a conclusion can be drawn, not the conclusion alone.

¶2Brady, J., concurs.