The Superior Court of New York City, 1854

Anonymous

Anonymous
The Superior Court of New York City · Decided August 2, 1854 · Duer
3 Duer 673
Anonymous

Opinion of the Court

Duer, J.

Although it was held in Jones v. Lawlin, that the provisions of § 292 of the Code are applicable to prior judgments, it appears from the head-note of the Report that an execution had been issued and returned unsatisfied after the Code went into effect; and but for this circumstance, I cannot believe that an order for the examination of the debtor would have been made. I am clearly of opinion that the provisions of the Code, from the language used, are applicable only to executions thereafter to be issued and returned, and consequently must refuse- to make the order applied for.

(Oakley, 0. J., concurred.)

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