Brown v. Andrews
New York Supreme Court
In EauiTY. After an attachment, an alias and pluries attachment, and an attachment with proclamations, the defendant Andrews was arrested and' brought into court on a commission of rebellion, for a contempt in refusing to appear and submit to an examination before a master on a breditor’s bill.
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In EauiTY. After an attachment, an alias and pluries attachment, and an attachment with proclamations, the defendant Andrews was arrested and' brought into court on a commission of rebellion, for a contempt in refusing to appear and submit to an examination before a master on a breditor’s bill. On being brought into court and asking time to answer the interrogatories, he was committed to prison, in default of bail in $3000. On the day appointed, the defendant moved to set aside the commission of rebellion on the ground that the first attachment, the affidavit on which it was grounded, and all…
1Opinion of the CourtEdmonds, J.
That is no objection. Attachments against parties to the suit, and the papers therein, ought to be so entitled.
The defendant then objected that his co-defendant Wiswall had died before the defendant was arrested; and that the suit had not been revived.
Edmonds, J.
The death of a defendant is an abatement as to himself alone; and pending aii abatement by his death, even process of contempt may be executed against the other defendant.
The defendant then demurred to several of the interrogatories because they related to other alleged contempts in the cause than that for' which he had been arrested.
E…
2Cited by5 opinions
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- Hendryx v. FitzpatrickU.S. Circuit Court for the District of Massachusetts · 1884
- Pitt v. DavisonNew York Supreme Court · 1868
- Pitt v. DavisonNew York Court of Appeals · 1867
- Rossner v. New York Museum Ass'nNew York Supreme Court · 1880