People v. Marshall
New York Surrogate's Court
Application for writ of commitment for contempt of court. A decree was, on or about May 14, 1877, entered in this court, directing Stephen S. Marshall, as administrator of John Hitchcock, deceased, intestate, to .pay to Greorge Hitchcock, one of the next of kin, his distributive share, amounting to upwards of $600. On demand made, he failed to comply with the requirement of the decree in this respect; whereupon, on a proper application being made, an attachment was issued…
Read the full summary
Application for writ of commitment for contempt of court. A decree was, on or about May 14, 1877, entered in this court, directing Stephen S. Marshall, as administrator of John Hitchcock, deceased, intestate, to .pay to Greorge Hitchcock, one of the next of kin, his distributive share, amounting to upwards of $600. On demand made, he failed to comply with the requirement of the decree in this respect; whereupon, on a proper application being made, an attachment was issued against him, by virtue of which he was arrested, appeared before the court, and, in answer to interrogatories, alleged…
1Opinion of the Court
Coffin, Surrogate.
In granting the order for the writ of commitment to close custody as for a contempt, I was following the views I expressed in Timpson’s Estate (15 Abb. Pr. N. S. 235). The power claimed, in that case to exist in surrogates’ courts, to imprison, hinged mainly upon the fact that certain sections of the chapter of the Revised Statutes relating to con-tempts, applied only to courts of record, among which these courts were not classed. Since then, however, *382and shortly prior to the granting -of the order of the special term dismissing the appeal, surrogates’ courts have, by an act…
2Cases cited9 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Sanford v. . BennettNew York Court of Appeals · 1861
- Brick's EstateNew York Surrogate's Court · 1862
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- Seaman v. . DuryeaNew York Court of Appeals · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Lawrence's EstateNew York Surrogate's Court · 1889
- In re the Judicial Settlement of the Account of SinderenNew York Surrogate's Court · 1889