People ex rel. Caldwell v. Kelly
New York Supreme Court
CERTIORARI to review proceedings on a writ of habeas corpus, had before a justice of this court acting as a justice at chambers. By the return it appears that the defendants, Oollumb & Iselin, being judgment creditors of the relator, George Caldwell, commenced an action in this court against him and others, to set aside certain instruments, (five in number,) on the ground that they were made to hinder, delay and defraud his creditors.
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CERTIORARI to review proceedings on a writ of habeas corpus, had before a justice of this court acting as a justice at chambers. By the return it appears that the defendants, Oollumb & Iselin, being judgment creditors of the relator, George Caldwell, commenced an action in this court against him and others, to set aside certain instruments, (five in number,) on the ground that they were made to hinder, delay and defraud his creditors. The action was put at issue and was referred to a referee, who having heard the proofs and allegations of the parties made his report, by which he found and…
1Opinion of the CourtBockes, 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 allow*447anee as follows—“Allowed this eleventh day of March, 1861, Jos’h Sutherland, Justice,” and was returnable before one of the justices of 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 his granting and signing an…
2Cases cited8 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Ex parte BeattyNew York Supreme Court · 1834
- In re the Knickerbocker BankNew York Supreme Court · 1855
- Patrick v. WarnerNew York Court of Chancery · 1834
- Spies v. JoelThe Superior Court of New York City · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of ArbuckleCalifornia Court of Appeal · 1950
- People Ex Rel. N.Y.C. H.R.R. Co. v. . PriestNew York Court of Appeals · 1902
- In re LagraveNew York Supreme Court · 1873
- In re the Probate of the Last Will & Testament of DorrityNew York Surrogate's Court · 1922
- People ex rel. New York Central & Hudson River Railroad v. PriestNew York Court of Appeals · 1902
9 more not listed; retrieve them via the Exa API.