People ex rel. Asmus v. Melody
Appellate Division of the Supreme Court of the State of New York
Appeal by Aaron Levy and others, judgment creditors, from an order of the, Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 24th day of December, 1903, as resettled by an order entered in said clerk’s office on the 4th day of January, 1904, denying the appellants’ motion to vacate an order discharging William Asmus, a judgment debtor, from commitment for contempt of court.
1Opinion of the Court
Hooker, J. :
The respondent, William Asmus, failed to appear for further examination concerning his property in proceedings against him supplementary to execution, and a motion was made to punish him for contempt of court therefor. The motion was granted upon his default and he was fined, the order containing a provision for his *570commitment after a default of five days in payment of the amount of the fine. Asmüs defaulted and the commitment was executed. A writ of habeas corpus in his behalf was then issued directed to the officer in whose custody he was. The return to this writ by the officer…
2Cases cited2 opinions
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- Matter of LeggatNew York Court of Appeals · 1900
3Cited by3 opinions
- Levy v. Melody, New York County Courts1906
- People ex rel. Gamaldi v. Warden Kings County JailAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Saporito v. Warden of the PenitentiaryAppellate Division of the Supreme Court of the State of New York · 1935