20 Abb. N. Cas. 401 | City of New York Municipal Court | 1887
The order requiring the third person to attend and submit to an examination as to property in his possession belonging to the judgment debtor, is in the nature of a special proceeding commenced against such person commanding him to appear (Code Civ. Pro. §§ 2441, 2433).
Section 2452 prescribes the mode of serving the order, but there is nothing in this or any other section of the Code requiring the judgment creditor to pay the third person a witness fee as a condition to his obedience to the order
This being the only section applicable to costs or fees, the objection of the third person to the non-payment of a witness fee will be overruled, and the examination ordered to proceed.