Legal Opinion

People ex rel. Lovett v. Rogers

New York Court of Chancery

Decided March 25, 1830PublishedCited by 9 opinions

The defendant in this case was borught up on an attachment for a contempt in not complying with an order of the court directing him to deliver over his property upon oath to a receiver. The prisoner being in the custody of the sheriff of the city and county of New-York in execution on civil process, a habeas corpus was issued to bring him into court.

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The defendant in this case was borught up on an attachment for a contempt in not complying with an order of the court directing him to deliver over his property upon oath to a receiver. The prisoner being in the custody of the sheriff of the city and county of New-York in execution on civil process, a habeas corpus was issued to bring him into court. Upon the prisoner’s being brought before the chancellor, an order was entered directing the relators to file interrogatories in relation to the contempt specifying the facts and circumstances alleged against the defendant, and to serve a copy…

1Opinion of the Court

The Chncellor

decided that the defendant was in contempt ; and, as it appeared he was a prisoner in execution on civil process, that he must be remanded to the prison in New-York, on the habeas corpus; that for the contempt he must be committed to the common gaol of the city and county of New-York, and be confined therein, in close custody, until he complied with the former order of the court and paid the costs and expenses of the proceedings in relation to the contempt. (2 R. S. 583, § 23; 755, § 7.) And a process of commitment was directed to be issued under the seal of the court.

The order…

2Cited by9 opinions

  1. St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
  2. Wilckens v. WilletNew York Court of Appeals · 1864
  3. State ex rel. DeBuys v. Judges of Civil District CourtSupreme Court of Louisiana · 1880
  4. Exparte LangdonSupreme Court of Vermont · 1853
  5. People v. Albany & Vermont RailroadNew York Supreme Court · 1860

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