
    Matter of Joseph Galowitz v. Marian Bumford.
    (City Court of New York, Special Term,
    April, 1907.)
    Supplementary proceedings: Receivers—-Appointment—-Grounds of objection — No property discovered; Costs — Liability of judgment creditor.
    Exemptions — Persons entitled to exemption; Property exempt.
    A desk, counter, two chairs, three wagons, two sets of harness and a Dutch collar, not shown to be worth over $250, owned by a judgment debtor who is a widow and supports herself and five children from an income ranging from -nothing to fourteen dollars a week derived from an express business conducted by her together with less than ten dollars in the bank are exempt from execution, and, where that is all the property discovered, a motion for a receiver of the judgment debtor in supplementary proceedings will be denied and the proceedings dismissed with ten dollars costs.
    Application for the appointment of a receiver of the property of a judgment debtor after an examination in supplementary proceedings.
    Julius J. Michael, for judgment creditor.
    No other appearance.
   Wadhams, J.

Application is made for the appointment of a receiver of the property of the judgment debtor after an examination in proceedings supplementary to execution. The judgment is for $534.31 recovered as damages for loss of a package by the debtor’s driver. The judgment debtor is a widow with five children. Her husband died in July, 1905, and since then she has been carrying on an express business. The testimony shows that the only property owned by her is a desk, small counter, two chairs, three wagons, two sets of harness, and a Dutch collar. The last horse owned by her died in November, and since then the horses have been hired. She has $7.47 in the bank. Her income during the past three months from this business has ranged from nothing to"$14 a week. She testifies that she does not make more than a bare living out of the business, eking it out by renting out rooms at the house where she shares the rent with her sister. The statute does not authorize the seizure of or other interference with any property which is expressly exempt by law from levy and sale by virtue of an execution. Code Civ. Pro., § 2463. Sections 1390 and 1391 of the Code of Civil Procedure specify the personal property which is exempt "when owned by a householder or a person having a family for which he provides, and section 1392 prescribes that where the judgment debtor is a woman she is entitled to the same exemptions. Among the exemptions specified are necessary household furniture, working tools and team, not exceeding in value $250. The property discovered is in my opinion, under the circumstances disclosed, within the exemption, and there is no proof that it is of greater value than $250. The appointment of a receiver in this case would be an abuse of legal process. The earnings are all necessary for the use of a family supported by this judgment debtor. If the property were taken it would leave a widow and orphans destitute. Supplementary proceedings are intended to be used to compel the application of property unjustly withheld to the payment of the judgment, but will not be permitted to work oppression by taking away the only means of support from the judgment debtor and those dependent on her. The proceeding is dismissed and the motion denied, with ten dollars costs.

Motion denied, with costs.  