Jackson v. Johnson

The opinion of the court was delivered by

Magie, J.

In a suit commenced by attachment the plaintiff moves to attach the defendant for contempt, in refusing to be examined under oath by the auditor when brought before him by warrant, under the provisions of section 46 of the Attachment act. Rev., p. 50.

Correct practice would probably require a motion for a rule ■to show cause. In re Cheeseman, 20 Vroom 115. But no objection to the practice adopted has been made, and the matter has been fully argued. We are warranted therefore in disposing of the motion on its merits, as if a rule to show cause…