Renner v. Meyer — 6 N.Y.S. 535

Majority

p. 535

Renner v. Meyer.

(City Court of New York, Special Term.

April, 1889.)

Headnote

Supplemental Proceedings—Examination—Record.

The examination in supplemental proceedings of a judgment debtor is a record, and the judgment creditor may be required by the judgment debtor to file it for future reference.

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.

Lexow c6 Leo, for plaintiff. William F. Browne, for defendant.

Judgment 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.