Westervelt v. Shapiro
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Supplementary proceedings by Whitley P. Westervelt, judgment creditor, against Isaac Shapiro, judgment debtor. From an order of the City Court of the City of New York refusing to vacate a subpoena issued to Sophie Shapiro, and from an order adjudging her in contempt for failure to appear pursuant to the subpoena, she appeals.
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Appeal from City Court of New York, Special Term. Supplementary proceedings by Whitley P. Westervelt, judgment creditor, against Isaac Shapiro, judgment debtor. From an order of the City Court of the City of New York refusing to vacate a subpoena issued to Sophie Shapiro, and from an order adjudging her in contempt for failure to appear pursuant to the subpoena, she appeals. Order refusing to vacate subpoena affirmed, and order adjudging the witness in contempt modified and affirmed.
1Opinion of the CourtLehman, J.
The appellant, Sophie Shapiro, has been adjudged guilty of contempt in failing to appear in answer to a subpoena and testify in supplementary proceedings brought against her husband as judgment debtor. When the motion to punish her for contempt was made, she demanded a reference, which was then ordered on consent upon the question whether or not the subpoena was served upon her. After the reference had proceeded some time, she failed to appear, at one of the hearings. The reference was then concluded, and she was *340adjudged in contempt. She then moved to open her default, and it was opened upon…
2Cases cited7 opinions
- Matter of DepueNew York Court of Appeals · 1906
- Rothschild v. GouldAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Garbutt v. Rochester & State Line RailroadNew York Court of Appeals · 1879
- In re the Supplementary Proceedings v. GlennyNew York Supreme Court · 1907
- Karon v. EisenAppellate Terms of the Supreme Court of New York · 1911
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3Cited by1 opinion
- Starr v. MorangeNew York Supreme Court · 1922