Majority
p. 438RENNER v. MEYER. N. Y. City Court, Special Term ; April, 1889.
Headnote
Records; examination in supplementary proceedings.'] The examination of a judgment debtor in supplementary proceedings is a record of the court, in which the judgment debtor has sufficient interest to require the judgment creditor to file it for future use or reference.Motion that judgment creditor file examination in supplementary proceedings.
Frederick G. Benner sued John Meyer in this court and recovered a judgment against him, and aftenvards instituted proceedings supplementary to execution, in which an examination of the judgment debtor was had, whereupon the judgment debtor made this motion to compel the judgment creditor to file the examination.
Wm. F. Browne, for the motion.
lexow & Leo, for the judgment creditor.
Judgment creditors seem to have the notion that because they take down the examination of a debtor that 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
p. 439
interest in it to require the creditor to file it for future use or reference (Code Civ. Pro. § 825). If in this court, the examination should be filed with the cleric thereof (Rule 2), and the orders appointing a receiver must be filed with the county clerk (Code Civ. Pro. § 2247). 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. No costs.
Ordered accordingly.