Ross v. Butler
New York Supreme Court
Appeal from special term, New York county. Suit by William A. Boss and the Norwich Lock Manufacturing Company against John H. Butler, John C. Constant, and Charles W. Butler, assignee of the property and effects of John H. Butler and John C. Constant. Appeal by Charles W. Butler from an order adjudging him guilty of contempt.
1Opinion of the CourtVan Brunt, P. J.
Without definitely passing upon the point whether, under any circumstances, an attachment could issue for the enforcement of a decree entered in an action similar to the one at bar, which is a matter of more than grave doubt, (In re Hess, 1 N. Y. Supp. 811,) it is clear that, in the position in which this action was at the time the order appealed from was made, and from the nature of the order itself, the court has no power to make the same. This action was brought to compel the appellant, as assignee under a general assignment for the benefit of creditors, to render an account of the estate…
2Cases cited1 opinion
- In re HessNew York Supreme Court · 1888
3Cited by11 opinions
- Seward v. Denver & Rio Grande RailroadNew Mexico Supreme Court · 1913
- Coffin v. CoffinAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of BattistaNew York Surrogate's Court · 1941
- In re the Estate of KahrNew York Surrogate's Court · 1976
- Hardin v. HardinOhio Court of Appeals · 1952
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