Opinion

Brown v. Gump

  • 59 How. Pr. 507
Court
New York Marine Court
Filed
Sep 15, 1880
Status
Published
Author
McAdam
On the bench
McAdam
Cited by
1 cases
Authority
More cited than 66.2%

The opinion

McAdam, J. —

In order to examine a non-resident of the county upon supplementary proceedings, it must appear, in the language of the Code, that the defendant has within the city an office for the regular transaction of business in person (Code, sec. 2458, subd. 1). The legislature, by changing the phraseology of the old Code, evidently intended to permit the examination of a judgment debtor, outside of the county where he resided, only in cases where he has a regular place *508 of business and transacts the same in person, as contradistinguished from cases where he transacts the same through agents. Effect must be given to this intent.

Order vacated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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