Thomas v. Kircher
New York Court of Common Pleas
The plaintiffs in two actions against Kircher having recovered judgment, took supplementary proceedings against the defendant, and now applied to the court to punish F. W. Billings, a witness whom they had subpoenaed, for contempt in refusing to answer questions put to him.
1Opinion of the CourtJ. F. Daly, J.
There was no proceeding pending in which the witness Billings could be required to appear and be examined as a witness. The original order or proceeding supplementary to the execution for the examination of the judgment debtor was not pending. It had terminated by failure to adjourn or extend it after his examination had been taken and sworn to *343by him. The judgment debtor was out of court, and the proceedings were equally so.
The second order requiring the judgment debtor to appear and be examined was never served upon him, and he was not in court without such service. There can be no…
2Cases cited2 opinions
- Squire v. YoungThe Superior Court of New York City · 1858
- Ammidon v. WolcottNew York Supreme Court · 1860