Valentine & Co. v. Mandel
New York Court of Common Pleas
Action by Valentine & Company, a corporation, against Leopold Mandel. Plaintiff, having obtained judgment, instituted supplementary proceedings, and obtained an order requiring defendant to appear and be examined, which he disobeyed.
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Action by Valentine & Company, a corporation, against Leopold Mandel. Plaintiff, having obtained judgment, instituted supplementary proceedings, and obtained an order requiring defendant to appear and be examined, which he disobeyed. Thereupon, an order to show cause was made, which defendant failed to answer, whereupon Judge Bookstaver, on August 7, 1890, made an order adjudging him in contempt, fining him the amount of the judgment, and costs, and directing him to be imprisoned until he should pay the fine, or be discharged according to law. On August 27, 1890, Judge Allen denied a motion…
1Opinion of the CourtAllen, J.
Prior to the enactment of the statute which is embodied in section 2286 of the Code, there was no authority under the statutes of the state to release a person imprisoned fora contempt in proceedings supplementary to execution. Van Wezel v. Van Wezel, 3 Paige, 38. Such persons may now be relieved, under section 2286, and the defendant should make his application under t'hat section. The present motion must be denied, without costs.
2Cases cited1 opinion
- Van Wezel v. Van WezelNew York Court of Chancery · 1831
3Cited by1 opinion
- Typothetæ of New York v. Typographical Union No. 6Appellate Division of the Supreme Court of the State of New York · 1910