Ammidon v. Wolcott
New York Supreme Court
Appeal from an order of commitment for contempt. John T. Hodges, the plaintiff, now deceased, recovered judgment in this action against Anson Wolcott, the defendant, on October 13,1856, for $1163.72. Execution was issued against the defendant as a resident of the city and county of New York and returned unsatisfied. On December 13, 1859, a supplementary order was granted by Hr.
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Appeal from an order of commitment for contempt. John T. Hodges, the plaintiff, now deceased, recovered judgment in this action against Anson Wolcott, the defendant, on October 13,1856, for $1163.72. Execution was issued against the defendant as a resident of the city and county of New York and returned unsatisfied. On December 13, 1859, a supplementary order was granted by Hr. Justice Gierke, returnable before one of the justices of this court, at chambers, on. the 23d day of said December, which was served on the 21st day of said December, on the defendant personally. On the 23d day of said…
1Opinion of the Court
By the Court.*—Hogeboom, J.
Three principal objections are made by the defendant to the order of Justice Leonard, of the 4th of February, 1860, adjudging him to be in contempt.
1. That the order for the examination of the party was returnable before one of the justices of this court, instead of the judge making the order. This question is disposed of upon authority. It is held to be untenable. (Code, §§ 27, 292; Dresser a. Yan Pelt, 15 How. Pr., 19; Bank of Genesee a. Spencer, Ib., 412.) The defendant having neglected to object to the order on that account, on the return-day thereof, and having…
2Cases cited1 opinion
- Dresser v. Van PeltThe Superior Court of New York City · 1857
3Cited by4 opinions
- Wilson v. BrackenAppellate Division of the Supreme Court of the State of New York · 1912
- Nyamco Associates Inc. v. KingCity of New York Municipal Court · 1933
- Kaufman v. ThrasherNew York Supreme Court · 1877
- Thomas v. KircherNew York Court of Common Pleas · 1874