People ex rel. Grant v. Warner
New York Supreme Court
Appeal from Steuben county court. Proceedings by the people, on the relation of Israel P. Grant and Lewis M.. Smith, against Samuel Warner, for contempt of court in refusing to testify in supplementary proceedings. Code Civil Proe.
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Appeal from Steuben county court. Proceedings by the people, on the relation of Israel P. Grant and Lewis M.. Smith, against Samuel Warner, for contempt of court in refusing to testify in supplementary proceedings. Code Civil Proe. N. T. § 1348, provides that an appeal may be taken to the general term of the supreme court, or of a superior city court, from an order made in an action, upon notice by a judge out of court, in a case where an appeal might have been taken if the order had been made by the court. Prom an order adjudging defendant to be in contempt, and imposing a fine therefor, the…
1Opinion of the Court
Barker, P J.
The relators instituted proceedings supplementary to execution against Ira Warner, before the surrogate of Steuben county acting as county judge for that county. The proceedings were founded on the remedy prescribed in subdivision 1, § 2432, Code Civil Proe., an execution against the property of Ira Warner, the judgment debtor, having been issued to the sheriff of Steuben county, and returned unsatisfied. The order appointed a referee to take the examination of the judgment debtor, and a day was named in such order on which he was required to appear before the referee, and submit…
2Cases cited1 opinion
- Courtney v. BakerNew York Supreme Court · 1846
3Cited by9 opinions
- Matter of DepueNew York Court of Appeals · 1906
- Matter of King v. . AshleyNew York Court of Appeals · 1904
- Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896
- Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896
- Moschell v. BoorNew York Supreme Court · 1893
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