Caldwell's Case
New York Supreme Court
Certiorari, to review proceedings on habeas corpus, had before a justice of this court acting as judge at chambers. By the return it appeared that Felix Collumb and John A. Iselin commenced an action in this court against Caldwell and others, to set aside certain instruments executed by Caldwell, on the ground that they were made to hinder, delay, and defraud his creditors.
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Certiorari, to review proceedings on habeas corpus, had before a justice of this court acting as judge at chambers. By the return it appeared that Felix Collumb and John A. Iselin commenced an action in this court against Caldwell and others, to set aside certain instruments executed by Caldwell, on the ground that they were made to hinder, delay, and defraud his creditors. That action was put at issue, and terminated in a judgment in favor of the plaintiffs therein, in part, and among other things in their favor and against the relator for the costs of the action. .The costs were adjusted at…
1Opinion of the Court
By the Court.*— Bockes, J.
—It appears from the papers that the proceedings were before Judge Sutherland, as an officer and not as a court. The petition for the writ of habeas corpus was addressed to “Hon. Josiah Sutherland, Justice of the Supreme Court,” who allowed the writ, by indorsing thereon his allowance, as follows: “Allowed, this eleventh day of March, 1861. Josiah Sutherland, Justice;” and was returnable before one- of the justices at the court at chambers. It was returned to him at the time and place therein appointed; and thereupon proceedings were had before him, which resulted in…
2Cases cited6 opinions
- Ex parte BeattyNew York Supreme Court · 1834
- In re the Knickerbocker BankNew York Supreme Court · 1855
- Spies v. JoelThe Superior Court of New York City · 1853
- People ex rel. Burroughs v. WillettNew York Supreme Court · 1857
- People ex rel. Harvey v. HeathNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of KnowerNew York Surrogate's Court · 1923
- Baker v. WalesThe Superior Court of New York City · 1873