Legal Opinion

James v. Powell

New York Supreme Court

Decided May 8, 1964PublishedCited by 2 opinions

1Opinion of the CourtThomas C. Chimera, J.

This is an application for an order of arrest of the defendant, judgment-debtor, based on a contempt order of this court arising from the willful refusal or unwillingness of defendant to submit to examination in proceedings to enforce a money judgment.

It appears that a subpoena duces tecum returnable September 20, 1963 was served by substituted service upon defendant after four attempts at personal service. Upon defendant’s failure to honor said subpoena, plaintiff moved to punish him for contempt. In that proceeding the service was traversed and the matter was referred to a Special Referee…

2Cases cited3 opinions

  1. Williamson v. United StatesSupreme Court of the United States · 1908
  2. Long v. AnsellSupreme Court of the United States · 1934
  3. People Ex Rel. Hastings v. HofstadterNew York Court of Appeals · 1932

3Cited by2 opinions

  1. James v. PowellNew York Supreme Court · 1966
  2. James v. PowellAppellate Division of the Supreme Court of the State of New York · 1966

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