Legal Opinion

Shults v. Andrews

New York Supreme Court

Decided January 15, 1878PublishedCited by 5 opinions

Motion by defendant to set aside an order to appear and ' be examined in supplementary proceedings.

1Opinion of the CourtMerwin, J.

The first ground is the pendency of a prior proceeding on an order made by the same judge.

On the 27th December, 1877, the first order was made, and on the twenty-eighth a hearing was had of both parties, on a motion by defendant to vacate the order for irregularity (See S. C., ante, 376-378).

This motion was granted and a written decision of the judge, with the papers in the case,' delivered on the twenty-*381ninth, by the direction of the judge, to defendant’s attorney, he being the prevailing party. ¡No order has been entered on this decision.

On the thirty-first, another order for the defendant…

2Cases cited3 opinions

  1. Person v. . GrierNew York Court of Appeals · 1876
  2. Squire v. YoungThe Superior Court of New York City · 1858
  3. Clark v. GrantNew York Supreme Court · 1829

3Cited by5 opinions

  1. In re the Supplementary Proceedings v. GlennyNew York Supreme Court · 1907
  2. McAlpin v. StoddardAppellate Terms of the Supreme Court of New York · 1907
  3. Sebring v. Stryker, New York County Courts1894
  4. Jones v. KnaussNew Jersey Court of Chancery · 1879
  5. Weiss v. AshmanNew York Court of Common Pleas · 1895

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