The New York herald., 1874-10-04
Proceedings Supplementary to Execu
fiOnS.
Rulings by Judge Joachimsen.

Rulings by Judge Joachimsen.
FWSt-A defendant examined and no property
discovered rs entitled 10 S30 costs OF the proceed
ing, TO De cielited upon and set of against the
judgment.
Second-Where, upon a proceeding TO examine
lhlrd party. such party admitted an inoebted-
ness Co the Judgment doctor arising as balance
upon building contract, the Judgment debtor pelng
sub-contractor, aud the party examined beng
the contractor In chief and 1t also appearing that
mechanics liens have been fled as against the
property by material men and laborers employed
nv the Judgment DEBTOR, held that such mechanics
liens constitute lien both on the real estate on
winch the building was erected as against the
owner OF the building, and also an equitable lien
on the unts IN the hands OF tue contractor unpaid
TO the sub-contraeior, and having preference over
the lien o the judgment CREDITOR Motion 10 COM
pei tne third party TO pay 10 the judgment debtor
denied.
Thtrd-Proceediugs supplementary 70 the exc
cution, When duly Initiated and served on the
Judgment deoior, remain IN lorce aud eiiect until
a lnal order IN the proceedings made by compe-
tent authority. SIMPLE failure 10 adjourn tue
examination, though 1t may result in the judg-
ment creditor lalhn9 10 Obtain orders 10 Drlhg
parties IN contempt, still 1t IS not - dsconnuauce
ol the proceeding hse.i, ana thc court Tetalhs
complete Jurisdiction and control over u. Where
another Judgment creditor subsequently initiated
other proceedings and obtained the appointment
OF receiver in his acton without nouce 10 Inc
prior moving party, Il a suggestion taat the frsJ
proceeding had been abandoned held that snch
IN conformity win section 29s Cl the Code, (Wy
man VS.. Childs. IL \. u, p. 1857
Fo0l1a-Aso neid that The party first obtaining
an order Dy IFS service obtains q wand, equitable
hen on all the equitable assets OF the judgment
debtor, NJ matter IN whose hands they may be,
and that such lien remains untli final dlsmssa.
oi proceedings ., the court. mere failure
adjourn the examination does not discharl
lien so acquired as ach vs.. Johnson, AZ y. L..
3d. ana authorities there clteGl
FJM-Wnete the receiver appointed in supple
mentary proceedings was the CLERK .! the parties
against whom proceedings on the part oi creditors
migat be proper, such parties beng also coverty
ana secretly the owners Of the judgment depG on
which proceedings we're hau 10 appoint such re-
celver hed that ne party appointed receiver was,
from ms position, disqualified 10 act lmpartally
III behalf ol al he creditors.
Sirtf-When II appeared on the examination Of
o Judgment debtor that he owned watch ana
dIa mond snirr uis, held that the wafch, In the
In the studs. were not necessary wearing appare.
ana deiendanr was ordered to give them to the
Sheriff 10 De SOLD on execution.
SECURITY oS AFfEALs FROA ORDERS MADE AT
CHAMBERS.
Frst-Every order made by any Justice OF this
Court al any stage OF the proceeding may be Re-
viewed Dy the General Term Of tins Court The
language OF the Marine Court act OF 1877, in this
tnat OF the Code IN regar1 10 appeals from other
courts.
Second--Where an order al Chambers overruies
a demurrer as lrlyoous and orders judgment !or
order aud say oI proceedings is asked Tor. srcn
Sfay Will be granted without security, under
section 356 OF the Code
Third-Wnere an order was made az Chambers
on motion. 10 set aside a Judgment ter iIregu ar
ity, denvlng sucn motion and allowing The defend
ant 10 come IN on terms, the defendant declining
10 accept such terms and appealing from the oruer
denying the motion, held that he must give secu-
rry. under section 355 OF the Code.
FOurth-A nlaintll whose Judgment was opened,
appealing from tire order opening the judgment
and asking Tor n stay, held tn / he must give
security for the costs OF the appeal.