MATTER OF MACFADDEN v. MACFADDEN


4 A.D.2d 829 (1957)

In the Matter of Jonnie L. Macfadden, Respondent, v. Bernarr Macfadden, Judgment Debtor, and Bernarr Macfadden Foundation, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 24, 1957


On this application to punish for contempt, the omnibus prayer for relief does not support the order enabling the judgment creditor to proceed against the third party for the collection of an alleged debt owing to the judgment debtor. The order appealed from confirms the report of the Referee to the extent that it finds no contempt. Thereupon, the motion should have been denied, the sole basis advanced for relief, the alleged contempt, not having been established.

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