Howe v. Stuart
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Proceedings supplementary to execution by Frank M. Howe against William W. Stuart. From an order refusing to punish a third party for contempt, the judgment creditor appeals.
1Opinion of the CourtBijur, J.
The attorney of the judgment debtor, while being examined as a third party in supplementary proceedings, refused to answer certain questions put to him concerning the property of his client. The questions asked were:
“Q. Do you manage any real estate for him? A. I decline to answer, on the ground of privilege of counsel. Q. Have you any property of Mr. Stuart’s? A. I decline to answer, on the ground of privilege of ’Counsel.”
*972' The preliminary objection made, by respondent, that he was not personally served with the order denying his motion to vacate the proceeding, and fixing a further date…
2Cases cited7 opinions
- Jones v. . ReillyNew York Court of Appeals · 1903
- Matter of DepueNew York Court of Appeals · 1906
- Charman v. TatumAppellate Division of the Supreme Court of the State of New York · 1900
- Phoebus v. WebsterNew York Supreme Court · 1903
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Vehicular Parking, Ltd.District Court, D. Delaware · 1943