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Matter of Schwarmecke v. Glenny

Supreme Court, New York Special Term
Apr 1, 1907
54 Misc. 36 (N.Y. Sup. Ct. 1907)

Opinion

April, 1907.

Gilbert D. Steiner, for motion.

Lucius H. Walds, opposed.


It is conceded by the attorney for the judgment creditor that no orders have been entered upon the decisions dismissing the two former orders for the judgment debtor's examination. While the failure to enter such orders may not formerly have been a valid objection to the third order, which is now sought to be vacated on the ground of the pendency of the prior proceedings (Shults v. Andrews, 54 How. Pr. 380), under the present practice (Code Civ. Pro., § 2454) the proceedings can only be discontinued or dismissed by an order. Rothschild v. Gould, 84 A.D. 196; Riddle Bullard Supp. Pro. (3d ed.) 172 et seq. Since such orders were not entered new proceedings could not be instituted. Gaylord v. Jones, 7 Hun, 480; Keiher v. Shipherd, 16 Civ. Pro. 183, and cases there cited; Riddle Bullard Supp. Pro. (3d ed.) 484. The last order obtained for the defendant's examination must therefore be vacated.

Motion granted, without costs.


Summaries of

Matter of Schwarmecke v. Glenny

Supreme Court, New York Special Term
Apr 1, 1907
54 Misc. 36 (N.Y. Sup. Ct. 1907)
Case details for

Matter of Schwarmecke v. Glenny

Case Details

Full title:Matter of the Supplementary Proceedings, ALBERT F. SCHWARMECKE, Judgment…

Court:Supreme Court, New York Special Term

Date published: Apr 1, 1907

Citations

54 Misc. 36 (N.Y. Sup. Ct. 1907)
103 N.Y.S. 499

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