Majority
p. 316Henry A. Gildersleeve, Trustee, App’lt, v. G. Harry Lester, Resp’t. (Supreme Court, General Term, First Department, Filed May 12, 1893.)
Headnote
Supplementary proceedings—Third party order—Receiver.While an order for the examination of a third person may be made by a. judge outside of the district in which the debtor resides, yet all proceedings subsequent to the examination must be before the judge of the district in which the debtor resided.
Appeal from order setting aside the appointment of a receiver in proceedings supplementary to execution.
J. W. Boothby, for app’lt; L. C. Waehner, for resp’t.
In Baldwin v. Perry, 25 Hun, 72 , it was held that the proper practice, in cases where the judgment debtor resided in a district other than the one of the judge who granted the-order, was that all proceedings subsequent to the examination should be made returnable before a judge of the district in which the debtor resided. The same rule is applicable to proceedings, for the examination of a third person. While an order for the examination of a third person may be made by a judge outside of the district in which the debtor resides, yet all proceedings subsequent to the examination must be before the judge of the dis
p. 317
trict in which the debtor resided. Under this authority the order setting aside the appointment of the receiver was right, and should be affirmed, with ten dollars costs and disbursements.
Van Brunt, P. J., O’Brien and Follett, JJ., concur.