People ex rel. Jennys v. Brennan
New York Supreme Court
APPEAL by Matthew T. Brennan, late sheriff of the county of New York, from an order at special term directing his punishment for contempt. The relator, Marianna Jennys, on or about the 11th day of July, 1871, recovered a judgment in this court against her husband, John L. R. Jennys.
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APPEAL by Matthew T. Brennan, late sheriff of the county of New York, from an order at special term directing his punishment for contempt. The relator, Marianna Jennys, on or about the 11th day of July, 1871, recovered a judgment in this court against her husband, John L. R. Jennys. On the 28th day of the same month an execution against property was issued upon the judgment to the appellant as sheriff of the county of New York, upon which he collected the sum of $1,277.90, besides his fees and expenses. Before the moneys so collected were paid over proceedings were taken in the United States…
1Opinion of the CourtDaniels, J.
The respondent’s counsel insists that this court is concluded by the order made on the 10th of May, 1872, directing the appellant, the sheriff, to pay her the money he had previously collected on the execution in her favor, from questioning the propriety of that discretion. But that is clearly a misapprehension of the condition of the case. For the order which directed the attachment to be issued so far modified the order making that direction, as to allow the parties to read upon the hearing which should be afterward had, the papers used by the respective parties on the hearing of a…
2Cases cited11 opinions
- Marshall v. KnoxSupreme Court of the United States · 1873
- Pitt v. . DavisonNew York Court of Appeals · 1867
- Smith v. MasonSupreme Court of the United States · 1871
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Fisher v. . HepburnNew York Court of Appeals · 1871
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