In Re Proceedings Against Searls
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1897, affirming an order made by a justice of the Supreme Court in a proceeding for contempt. The facts, so far as material, are stated in the opinion. The powers conferred by sections 915 and 920 of the Code of Civil Procedure are to be strictly construed and are exclusive.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1897, affirming an order made by a justice of the Supreme Court in a proceeding for contempt. The facts, so far as material, are stated in the opinion. The powers conferred by sections 915 and 920 of the Code of Civil Procedure are to be strictly construed and are exclusive. (Suth. on Stat. Cons. §§ 391, 392, 399; Terry v. McNiel, 58 Barb. 241; Wittenbrock v. Mabins, 57 Hun, 146; Matter of U. S. P. L. Co., 16 App. Div. 188; Dudley v. Mayhew, 3 N. Y. 9; Matter of Whitlock,…
1Opinion of the CourtO’Brien, J.
The original order in this proceeding, which was affirmed at the Appellate Division, was made by a justice of the Supreme Court on the 28th of July, 1897. It adjudged that the defendant was guilty of contempt in refusing, under the advice of counsel, to answer certain questions propounded to him as a witness by a commissioner acting under a commission from the Circuit Court of Cook county in the state of Illinois, in which court an action was pending in which, as alleged, the defendant was a material and necessary witness. The order further directed that a warrant issue against the defendant…
2Cases cited1 opinion
- People v. . RathboneNew York Court of Appeals · 1895
3Cited by14 opinions
- In re RandallAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Application for a Subpœna Directed to RobertsAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Examination of Union BankAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. MacDonald v. LeubischerAppellate Division of the Supreme Court of the State of New York · 1898
- Aspinwall v. AspinwallNevada Supreme Court · 1916
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