In re Thompson — 62 N.Y.S. 1033

Majority

p. 1033

In re THOMPSON.

(City Court of New York, General Term.

March 2, 1900.)

Headnote

Supplementary Proceedings—Costs—Contempt.

A defendant in supplemental proceedings is not guilty of contempt for failure to pay the usual costs allowed to plaintiff’s attorney out of the proceeds of property discovered hy such proceedings.

Appeal from special term.

In the matter of the examination of John W. Thompson, a judgment debtor. From an order reversing an order declaring the debtor guilty of contempt, plaintiff appeals.

Affirmed.

Argued before FITZSIMONS, C. J., and CONLAA and O’DWYER, JJ.

White & Otheman, for appellant.

Edwin F. Stern, for respondent.

The examination of the judgment debtor shows what property he possessed, all of which, except those chattels exempt from levy, he was willing should be turned over to a receiver. The special term justice, in addition, made the usual allowance of $30 costs to the judgment creditors’ attorney. It was not intended by such provision to impose more than the burden usually imposed upon a judgment debtor wdien property of his has been discovered, as in this instance; that is to say, that an allowance of $30 was made to the judgment creditors’ attorney, to be taken out of the proceeds of funds realized out of such property. In this case the special term justice declared him guilty of contempt because of the failure to pay such $30, and an order to that effect was entered. Another special term justice reversed said order; hence this appeal.

We think the reversal was right. It was only intended, as before stated, to make the allowance usually made in this proceeding, and payable in the same manner. There was no apparent reason for departing in this instance from this rule.

The order appealed from must be "affirmed, but without costs or disbursements to either party.