ROHSHAND v. WARING

ROHSHAND v. WARING. N. Y. Supreme Ct., First Department; Chambers, November, 1876. Arrest on Supplementary Proceedings. To make a case for arrest of the judgment debtor, in supplementary-proceedings (under the fourth provision of section 293, of the Code), by reason of anticipated concealment, it must appear or be presumable that such concealment of the debtor will be within the State. The plaintiff, taking supplementary proceedings against the defendant, against whom he had obtained judgment, applied for an order of arrest, under section 292,—which provides that ‘ Instead of the order requiring the attendance of the judgment debtor, the. judge may upon proof by affidavit or otherwise, to his satisfaction, that there is danger of the debtor’s leaving the State, or concealing himself, and that there is reason to believe he has property which he unjustly refuses,” &c., issue a warrant of arrest. [MAJORITY — Lawrence, J.] Lawrence, J. The arrest of the defendant under the fourth subdivision of section 292, is only allowed when there is danger of the defendant leaving the State or concealing himself. From the affidavit laid before me it appears that the defendant is in Philadelphia, so that it cannot be said that there is danger of his leaving the State. The proof as to his concealing himself, in my opinion, should show that, being in this State, the defendant conceals himself, &c.. I do not regard the affidavit as making out a case within the statute. Application denied.