Legal Opinion

Howe v. Stuart

City of New York Municipal Court

Decided April 15, 1910Published

Motion to punish for contempt.

1Opinion of the CourtGreen, J.

This is a motion to punish for contempt the attorney for a judgment debtor, who, being examined under a third party order, declined respectfully to answer questions in relation to his client’s property upon the ground of professional privilege, basing his refusal under the inhibition of section 835 of the Code of Civil Procedure. There are a number of technical objections interposed to the order in relation to the failure of personal service of the order after a stay had been procured and another day fixed, and also in regard to the failure of payment of witness fees, and upon which I will…

2Cases cited1 opinion

  1. Eastman v. KellyNew York Supreme Court · 1888

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