Potter v. Low
New York Supreme Court
This is a motion to require the defendant to show cause why he should not be punished as for a contempt, for disobeying an order dated the 13th day of October last, made by Mr. Justice Ingraham, in a proceeding supplementary to execution; which order contains these words, to wit: “ The said Michael P. Low is hereby enjoined and restrained from making any transfer or other disposition of his property, not exempt by law from execution, or from any interference therewith.”
1Opinion of the Court
Balcom, Justice.
The affidavits which have been read, clearly show that the defendant received and paid out about $200 in money, subsequent to the time the order was served on him; but it is claimed by his counsel that such money was earned by him as a clerk, after the order was served; and that it only restrained him from interfering with such property as he had when it was granted.
There is some uncertainty as to whether the defendant earned the money after the order was made; but such uncertainty enures to his benefit, for the reason that he should not be punished as for a contempt, unless…
2Cases cited1 opinion
- Browning v. BettisNew York Court of Chancery · 1841
3Cited by10 opinions
- State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. ClancyMontana Supreme Court · 1904
- In re Trustees of the Board of Publication & Sabbath School WorkNew York Supreme Court · 1898
- Collins v. ConnellyAppellate Terms of the Supreme Court of New York · 1925
- Dease v. ReeseNew York Supreme Court · 1903
- Duffus v. ColeNew York Supreme Court · 1891
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