
    Anonymous.
    In proceedings to examine the judgment debtor, supplementary to execution, the plaintiff, to obtain the order, will not be required to show that the debtor has any property ; but if on examining the debtor, no property be discovered, the plaintiff will be ordered to pay costs to the debtor, unless some good reason appear for requiring the examination.
    March 22, 1851.
   The whole court, on considering the question, determined, that hereafter the affidavit presented for the purpose of obtaining the order for the examination of a judgment, and execution debtor, under the first clause of section two hundred and ninety-two of the code of procedure, need not state anything on the subject of the debtor’s property ; and that the practice in that respect, pointed out in the note to Jones v. Lawlin, 1 Sand. R. 722, will no longer be enforced.

At the same time, they held, that if on the examination of the debtor, no property or effects applicable to the judgment should be discovered, the creditor will be ordered to pay costs to the debtor, pursuant to section three hundred and one of the code, unless the creditor can show some good reason for his having required the debtor to submit to the examination.  