Bird v. Wessels
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. In the matter of supplementary proceedings concerning Carro A. Bird, judgment creditor, and Edward J. Wessels, judgment debtor, together with Erederick W. Smallman, third party, and Gordon Ireland, attorney. From various -orders and “memoranda,” Smallman and Ireland appeal.
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Appeal from City Court of New York, Special Term. In the matter of supplementary proceedings concerning Carro A. Bird, judgment creditor, and Edward J. Wessels, judgment debtor, together with Erederick W. Smallman, third party, and Gordon Ireland, attorney. From various -orders and “memoranda,” Smallman and Ireland appeal. Appeal Is taken from a “memorandum,” and order entered in "amplification” thereof, punishing the third party appellant for contempt, from a “memorandum,” and the order entered in “amplification” thereof, denying a motion to vacate an order for the examination of the third…
1Opinion of the CourtLehman, J.
The judgment creditor, on the 15th day of April, 1909, obtained an order for the examination of the third party herein. This order was vacated April 27, 1909. A new order for the examination of the third party was obtained April 27th, returnable April 29th. An order to show cause why the third party should not be punished for contempt, returnable May 4, 1909, was obtained on April 29th. The motion was granted by a memorandum or order filed May 6th. At least one, and possibly three, motions were made and denied to vacate the order for the examination of the third party, and a formal order was…
2Cases cited2 opinions
- McAlpin v. StoddardAppellate Terms of the Supreme Court of New York · 1907
- Mitchell v. LodermanAppellate Terms of the Supreme Court of New York · 1906
3Cited by1 opinion
- Commonwealth v. RhodesDelaware County Court of Quarter Sessions · 1937