Kemp v. Harding
New York Supreme Court
0. Gray, Pratt, Gridley and Allen, Justices.—This is an appeal by the defendantfrom an order made by a county judge under chapter 2, title 9, part 2, of the Code of Procedure.
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0. Gray, Pratt, Gridley and Allen, Justices.—This is an appeal by the defendantfrom an order made by a county judge under chapter 2, title 9, part 2, of the Code of Procedure. The affidavit upon which the proceedings were instituted, stated the recovery of a judgment in this court by the plaintiffs against the defendant, and the issuing of an execution thereon, which was unsatisfied, and that one Francis B. Morse had in his hands, notes and accounts of the defendant to the amount of several hundred dollars. Morse was thereupon summoned to appear before the judge to be examined concerning the…
1Opinion of the Court
By the Court, Allen, Justice.
The general design of the chapter under which this proceeding was had, although by no means new, is benign and well conceived, and if carried out by proper provisions in detail, would prove, in many cases, a desirable improvement upon former practice; but the entire chapter is crude, imperfect and difficult of execution, and will require important amendments before the full benefit of the design will be realized. But crude and imperfect as the act is, I think it cannot be held upon any fair construction to authorize the order in this case as against the defendant.
T…
2Cases cited3 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Sandford v. SinclairNew York Court of Chancery · 1840
- People v. NortonNew York Court of Chancery · 1828
3Cited by6 opinions
- Darrow v. LeeNew York Court of Common Pleas · 1863
- Holbrook v. OrglerThe Superior Court of New York City · 1875
- Andrews v. Glenville Woolen Co.New York Supreme Court · 1869
- Andrews v. Glenville Woolen Co.New York Supreme Court · 1869
- Holbrook v. OrglerThe Superior Court of New York City · 1875
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