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Supplementary proceeding

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

A separate proceeding in an original action, in which the court where the action is pending is calied upon to exercise its jurisdiction in aid of the judgment in the action.

Bryant v

Bank of California (Cal.) 7 Pac. 130.

In a more particular sense, a proceeding in aid of execution. authorized by statute in some states in cases where no leviable property of the judgment debtor is found. It is a statutory equivalent in actions at law of the creditor's bill in equity, and in states where law and equity are blended, is provided as a substitute therefor. In this proceeding the judgment debtor is summoned to appear before the court (or a referee or examiner) and submit to an oral examination touching ali his property and effects, and if property subject to execution and in his possession or control is thus discovered, he is ordered to deliver it up, or a receiver may be appointed.

See In re Burrows, 33 Kan. 675, 7 Pac. 148; Eikerberry v. Edwards, 67 Towa, 619, 25 N. W. 832, 56 Am. Rep. 360.