Denning v. Schieffelin — 26 N.Y. St. Rep. 96

Majority

p. 96

Edwin J. Denning et al., Respt’s, v. Bradhurst Schieffelin, App’lt.

(City Court of New York, General Term,

Filed Oct. 3, 1889.)

Headnote

Supplementary proceedings — Warrant may issue agaiitst non-resident DEBTOR.

A warrant of arrest under § 2437 of the Code may issue upon proper proofs against a non-resident judgment debtor.

The plaintiffs, judgment creditors of the defendant, commenced supplementary, proceedings against the defendant by warrant, pursuant to § 2437 of the Code. The defendant moved to vacate the warrant and dismiss the proceedings, and from an order denying the motion the present appeal is taken.

D. D. McKoon, for app’lt; C. R. Allison, for resp’ts.

The Code contains provisions as to the manner in which supplementary proceedings shall be commenced, and the different modes of securing the debtor’s presence. Code, § 2,432. It authorizes such proceedings on domestic judgments against non-residents of the state found here, Code, § 2458, subd. 3, so that no distinction is made between residents of the state and non-residents thereof. The creditors proved that the debtor had property within the state which he refused to 'apply to the satisfaction of the judgment, and that he was about to depart from the jurisdiction. This entitled them to the warrant which they obtained. Code, § 2437.. We have failed to discover any defect in the proofs, and, as the order was properly made, the justice at special term committed'no error in refusing to vacate it.

It follows that the order appealed from must be affirmed, with costs.

McAdam, Ch. J., and McGown, J., concur.