The People Ex Rel. Dusenbury v. . Speir
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming, upon certiorari, proceedings under the non-imprisonment act (chapter 300, Laws of 1831), by and before defendant as justice of the Supreme Court, which resulted in the issuing of a warrant for the arrest of the relator. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming, upon certiorari, proceedings under the non-imprisonment act (chapter 300, Laws of 1831), by and before defendant as justice of the Supreme Court, which resulted in the issuing of a warrant for the arrest of the relator. The facts appear sufficiently in the opinion. The application for the warrant, being based upon defendant’s examination in supplementary proceedings and the judgment roll, should not have been granted. (Lathrop v. Clapp, 40 N. Y., 332; Forbes v. Willard, 37 How., 193;…
1Opinion of the CourtDanforth, J.
In the course of supplementary proceedings instituted by judgment and execution creditors of Selah Hiler, William S. Kiely was appointed receiver of the property, etc., of the judgment debtor, and as such commenced an action in the Superior Court of the city of New York, against Selah Hiler, Charles Dusenbury, George W. Lane, as chamberlain of the city of New York, and others. It appears from the complaint that at the time of his appointment there was an action pending in favor of Hiler against certain parties, in which a considerable sum of money had been obtained and placed in the hands of…
2Cases cited2 opinions
- Fassett v. TallmadgeNew York Supreme Court · 1862
- Latham v. WesterveltNew York Supreme Court · 1857
3Cited by35 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- State v. Mutual Life InsuranceIndiana Supreme Court · 1910
- Goel v. RamachandranAppellate Division of the Supreme Court of the State of New York · 2013
- Moore v. ShieldsIndiana Supreme Court · 1889
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