People ex rel. Crouse v. Cowles
New York Court of Appeals
I. The justice and legality of the order, directing the payment of the judgment, could not he inquired into before the county judge, and is not open for discussion here. 1. Those matters were properly before the judge who granted the order, and having been decided by him cannot be inquired into collaterally. The only remedy is by appeal.
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I. The justice and legality of the order, directing the payment of the judgment, could not he inquired into before the county judge, and is not open for discussion here. 1. Those matters were properly before the judge who granted the order, and having been decided by him cannot be inquired into collaterally. The only remedy is by appeal. (33 How. 337; Spalding v. People, 7 Hill, 301.) 2. The party did appeal to the General Term, and the order upon solemn argument was affirmed. 3. These decisions dispose of all objections to the jurisdiction of the judge to hear and determine the matter and…
1Opinion of the CourtWoodruff, J.
The distinction between a commitment upon a precept issued for the disobedience of an order for the payment of a sum of money and a commitment upon a' conviction of misconduct, punishable by fine and imprisonment, is very clearly indicated in the statute, and has *46been repeatedly declared by the courts (2 R. S. pp. 534, 535, 536, 537)
The proceedings are unlike, and the decision and penalties imposed are different.
A precept to commit (§ 4), for the non-payment of money, in obedience to a rule or order, issues of course, and ex parte, on proof by affidavit that personal demand has been made, and…
2Cases cited3 opinions
- Van Wezel v. Van WezelNew York Court of Chancery · 1831
- People ex rel. Hawley v. BennettNew York Court of Chancery · 1833
- Patrick v. WarnerNew York Court of Chancery · 1834
3Cited by7 opinions
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- In re CrowWisconsin Supreme Court · 1884
- WilsonCalifornia Supreme Court · 1888
- In re WatsonNew York Supreme Court · 1870
- Ex parte ThurstonHawaii Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.