Gibbs v. Prindle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Louisa Prindle, from, an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 25th day of February, 1896, adjudging her guilty of contempt of court.
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Appeal by the defendant, Mary Louisa Prindle, from, an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 25th day of February, 1896, adjudging her guilty of contempt of court. The order from which this appeal is taken adjudges the defendant guilty of contempt in not obeying an order made by a justice of this court on the 20th. day of August, 1895, in proceedings supplementary to execution, requiring her to appear and answer concerning her property before a referee, in the village of Saratoga Springs, on the…
1Opinion of the Court
Parker, P. J.:
The defendant was in contempt for not obeying the order of August twentieth, if she refused, or without sufficient excuse neglected, to obey it, after it had been duly served upon her, otherwise not. (Code, § 2457.)
Conceding that she was “ physically and mentally able to attend and be examined ” on the 21st of August, as is found by the referee, yet we think the record discloses other facts which furnished to her a sufficient excuse for not so doing.
The order, which was served upon her at half-past ten o’clock in the forenoon, required her to appear before the referee in…
2Cited by2 opinions
- Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896
- Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896