| New York Court of Common Pleas | Oct 15, 1858
—The plaintiff assuming that the defendant Holbrook, on examination upon proceedings supplementary to execution, had disclosed the facts that he had money and property in his hands belonging to himself, and that he had violated the order supplementary by disposing thereof, applied to Judge Hilton for orders to compel the application of such money and property towards the satisfaction of the judgment, and for an attachment to punish the contempt committed by disobedience to the order supplementary as above stated. Judge Hilton denied both applications. The plaintiff* appeals. The answer to both appeals is the same—namely, that the order directing the application of property and money to the payment of a judgment, and to punish for contempt, are entirely discretionary. Sections 297 and 302 provide that the judge may order the application, and may punish for contempt; and although there are statutes in which the word “ may” is to be construed as “ must,” this is not one. A large degree of discretion must be exercised on all applications to require the appropriation of money and property by a judgment debtor, and there are many instances in which that discretion would be
Appeals dismissed with §10 costs in all, to be deducted from the judgment.
Present, Daly, F. J., Brady and Hilton, JJ.