Gallagher v. O'Neil
City of New York Municipal Court
Appeal from special term. Upon the conclusion of the defendant’s examination in supplementary proceedings, an order was made appointing a receiver of his property.
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Appeal from special term. Upon the conclusion of the defendant’s examination in supplementary proceedings, an order was made appointing a receiver of his property. The order contains the following special provision: “And the said judgment debtor is hereby ordered to deliver to said receiver all his property, debts, equitable interests, rights and things in action, effects and estate, real and personal, not .exempt by law from execution, and more particularly the fixtures, stock in trade, and receipts of the saloon No. 757 Third avenue, in the city of New York. ” The receiver made demand upon…
1Opinion of the Court
McAdam, C. J., (after stating the facts as above.)
If it appears upon the return of a writ of habeas corpus that the prisoner is in custody by virtue of a mandate in a civil action for contempt, he may be discharged when the mandate is defective in substance required by law, rendering it void, or when it was issued in a case not allowed by law, (People v. Riley, 25 Hun, 587;) and when one is discharged on habeas corpus, a rearrest is unlawful, the matter being res- adjudicata. Wells, Bes. Adj. § 421. The defendant was therefore secure against further proceedings under the illegal order…
2Cases cited4 opinions
- Rodman v. . HenryNew York Court of Appeals · 1858
- West Side Bank v. . PugsleyNew York Court of Appeals · 1872
- Fenlon v. DempseyNew York Supreme Court · 1888
- Murad v. ThomasNew York Supreme Court · 1883
3Cited by3 opinions
- Serven v. Lowerre, New York County Courts1893
- Fromme v. JareckyAppellate Terms of the Supreme Court of New York · 1897
- Wynkoop v. MyersCity of New York Municipal Court · 1889