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People ex rel. Day v. Jones

1 Abb. N. Cas. 172 Court N.Y.C.P. English

Delivered by Van Brunt, J.,

Contents

Majority

p. 172
PEOPLE ex rel. DAY v. JONES.
N. Y. Common Pleas; Special Term,
November, 1876.

Headnote

Supplementary Proceedings.
Proceedings to punish a third person for contempt in not complying with an order to appear and be examined, should be dismissed if the allegation in the original affidavit, that he has money or property of the judgment debtor, &c., was only on information and belief, without stating sources of information.[1]
It is an unnecessary hardship, and unjust to third persons having no interest, to be subjected to examination on such an affidavit.
Albert Day, having recovered judgment against one Lee, examined him in supplementary proceedings, and having ascertained that he was, or had been, an employee of the N. Y. Times, on a weekly salary, made affidavit that he was informed and believed that Greorge Jones, the publisher of the Times, had property of the debtor to the amount of over $10, and thereon obtained
p. 173
an order under § 394 of the Code, requiring Mr. Jones to appear and be examined. Mr. Jones not appearing, the. creditor took proceedings to punish for contempt. In fact, there was nothing due to the debtor.
Albert Day, in person, for the application.
Austin Abbott, opposed.

dismissed the proceedings on the ground stated in the head note.