In re Barnes
Appellate Division of the Supreme Court of the State of New York
Appeal by William Barnes, Jr., from an order of the Supreme Court, made by a justice of the Supreme Court and entered in the office of the clerk of the county of Albany on the 20th day of November, 1911, directing a warrant to issue to the Albany county sheriff, commanding him to apprehend the appellant, and to commit him to jail until he answer certain questions and produce certain books and papers.
1Per curiam
The only authority upon the subject holds that section 856 of the Code of Civil Procedure contemplates no notice to the alleged offender. We do not feel at liberty to overrule those cases. (Matter of McAdam, 7 N. Y. Supp. 454, General Term, First Department, 1889; Matter of Grout, 105 App. Div. 98, Second Department, 1905.) The question, therefore, is whether this section, so construed, violates the appellant’s constitutional rights. In the case of criminal contempts it is provided by section 751 of the Judiciary Law (Consol. Laws, chap. 30; Laws of 1909, chap. 35) that if committed in the…
2Cases cited2 opinions
- In re GroutAppellate Division of the Supreme Court of the State of New York · 1905
- In re McAdamNew York Supreme Court · 1889
3Cited by3 opinions
- Ex Parte Noell v. BenderSupreme Court of Missouri · 1927
- Collinson v. WierNew York County Court, Lewis County · 1915
- People ex rel. Roache v. HanburyNew York Supreme Court · 1913