Rupert v. Lee
Appellate Division of the Supreme Court of the State of New York
i Appeal by the defendant, Ella G. Lee, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of tlie county of New York on the 23 st day of November, 1904, denying the defendant’s motion to vacate an order for her examination in supplementary proceedings and granting the plaintiff’s motion to punish the defendant for a contempt in failing to appear for examination pursuant to said order.
1Opinion of the Court
O’Brien, J.:
An order for the examination of the judgment debtor in proceedings, supplementary was returnable on November 5, 1904, but on that day she failed to appear. Thereafter, on . the seventh of November, an order to show cause why she should not be punished. . for her alleged misconduct in disobeying said order, returnable November eleventh, was granted. ' On the latter date the attorney for defendant appeared specially and urged certain, preliminary objections, which were overruled, and then, in opposition to a motion' to punish her as for a contempt, urged reasons why the motion…