Spratt v. Huntington
New York Supreme Court
Appeals from two orders, one adjudging the plaintiff in contempt, the other denying a motion to set aside an order made for the examination of the plaintiff. cited Johnson v. Pinney (1 Paige, 646); Palmer v. Adams (22 How., 375); Brooks v. Schultz (5 Rob., 656); Moses v. Banker (7 id., 131). cited Fisk v. Chicago & Rock Island R. R. Co. (3 Abb. [N. S.], 430); Ramsey v. Gould (57 Barb., 398); Ramsey v. Erie R. R. Co. (8 Abb. [N. S.], 174.)
1Opinion of the Court
Daniels, J.:
An order was procured by the defendant, without notice, requiring the plaintiff to appear before a referee, and make an affidavit to be used by the defendant upon a motion to be made by him in this action. He did not make the affidavit, and a further order was made, on notice to him to appear and do so, and providing for his punishment in case of further disobedience on his part. The plaintiff then moved to vacate the first order, as irregular, and that *342motion was denied. From these two orders, the plaintiff appealed to the General Term.
The fast that the plaintiff was nominally,…
2Cases cited4 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Aspinwall v. Board of Commissioners of the Cty. of DaviessSupreme Court of the United States · 1860
- Powers v. . ShepardNew York Court of Appeals · 1872
- Hayes v. SymondsNew York Supreme Court · 1850