Matter of Depue
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 27, 1905, which reversed an order of the Broome County Court directing that the petitioner he discharged from custody.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 27, 1905, which reversed an order of the Broome County Court directing that the petitioner he discharged from custody. The facts, so far as material, are stated in the opinion. ’Neither the order of July 27, 1901, directing petitioner to attend before the referee on August eighth, nor the show cause order of December 14, 1901, having been personally served on petitioner, she was not guilty of contempt, and the county judge acquired no jurisdiction. (Code Civ. Pro. § 802; Tebo…
1Opinion of the CourtO’Brien, J.
The order from which this appeal is taken was made upon the hearing of a writ of habeas corpus procured by the relator, Mrs. Depne, to procure her discharge from the custody of the sheriff, who held her by virtue of an order of the county judge, wherein it is stated as follows: “ And it is further ordered and adjudged that for her said contempt and misconduct in failing to appear before the said Referee as a witness on behalf of the judgment creditors in such supplementary proceedings on August 8th, 1901, at ten o’clock in the forenoon, or at the time or times to which such proceedings were…
2Cases cited9 opinions
- Whitten v. TomlinsonSupreme Court of the United States · 1895
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
- People Ex Rel. Barnes v. . Court of SessionsNew York Court of Appeals · 1895
- People Ex Rel. Van Riper v. New York Catholic ProtectoryNew York Court of Appeals · 1887
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3Cited by23 opinions
- Matter of Edge Ho Holding Corp.New York Court of Appeals · 1931
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- People ex rel. Patrick v. FrostAppellate Division of the Supreme Court of the State of New York · 1909
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
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