In re Van Ness
New York Supreme Court
In supplementary proceedings upon a judgment in favor of Edward Van Hess,' against A. Edward Woodruff, the examination of the debtor disclosed that he had ample assets to pay the judgment, and had at the time of his examination in cash the sum of $1,000. Thereupon, in February, 1897, upon application to Mr. Justice Beekman, at Special Term, an order was made requiring him to pay the sum of $700i to satisfy the judgment and the supplemental costs.
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In supplementary proceedings upon a judgment in favor of Edward Van Hess,' against A. Edward Woodruff, the examination of the debtor disclosed that he had ample assets to pay the judgment, and had at the time of his examination in cash the sum of $1,000. Thereupon, in February, 1897, upon application to Mr. Justice Beekman, at Special Term, an order was made requiring him to pay the sum of $700i to satisfy the judgment and the supplemental costs. Upon the debtor’s refusing to pay, an order was made adjudging him in contempt, and from that order he took an appeal to the Appellate- Division and…
1Opinion of the CourtRussell, J.
The motion to vacate the motion cannot be' entertained or granted. All the reasons for opposition can. be as. "well heard in resistance to the application; and the notice of motion, whether by order to show cause or "a notice signed by attorney, is not a writ or process which can be vacated or quashed upon an independent motion therefor. People v. Railroad Co., 28 Hun, 543, and cases cited in the opinion.
The motion to set aside the order to pay and the order .punishing for.contempt cannot be granted. Under the decision of the Appellate 'Division upon the appeal taken to review such" orders, *251ho…
2Cases cited1 opinion
- In re Van NessAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- In re TracyCourt of Appeals for the Second Circuit · 1939