Billings v. Carver
New York Supreme Court
APPEAL from an order made at a special term, adjudging the defendant to be in contempt for not appearing before a referee and submitting to an examination as to his property.
1Opinion of the Court
*41 By the Court,
Cardozo, J.
On the papers ‘before us it must be assumed that the service of the order for the defendant to appear and submit to examination as to his property, was made without exhibiting to him the original order of the judge.
If any other papers than the interrogatories and answers were before the justice at special term when the order adjudging the defendant to be in contempt was made, they were not presented to us on this appeal. If there were any such papers, and they would have shown that the point of whether the original order was exhibted or not was the subject of…
2Cited by4 opinions
- Mutual Milk & Cream Co. v. TietjenAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Estate of HowardAppellate Division of the Supreme Court of the State of New York · 1922
- Mauran v. HawleyNew York Surrogate's Court · 1884
- Newell v. CutlerNew York Supreme Court · 1879