Fenlon v. Dempsey
New York Supreme Court
Motions to set aside referee’s report, and to punish for ■contempt. The plaintiff, John Fenlon, as receiver in supplementary proceedings of the property of John Dempsey, commenced this action against John Dempsey, Jane Dempsey and the Union Square Printing Company to recover property held by the defendants and alleged to belong to the judgment ■debtor.
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Motions to set aside referee’s report, and to punish for ■contempt. The plaintiff, John Fenlon, as receiver in supplementary proceedings of the property of John Dempsey, commenced this action against John Dempsey, Jane Dempsey and the Union Square Printing Company to recover property held by the defendants and alleged to belong to the judgment ■debtor. The plaintiff in order to frame his complaint and to effectually proceed with an action for the recovery of the property so withheld, moved for an order for the examination and depositions of the defendant company and John Dempsey, as…
1Opinion of the Court
Patterson J.
There are two motions before the court in this cause, one made by the defendant, and by George D. Carroll, to vacate and set aside the report of a referee on the ground that he failed to consider and decide the matters referred to in the order of January 18, 1888, by which he was appointed referee. The order was made in a proceeding instituted to punish the persons named for a contempt of court in-disobeying certain orders requiring the production of books of a corporation with which they were officially connected. The specific alleged reason for asking that the report be set…
2Cited by3 opinions
- Holly Manuf'g Co. v. VennerNew York Supreme Court · 1895
- In re CarneyNew York Supreme Court · 1916
- Press Publishing Co. v. Associated PressNew York Supreme Court · 1899