Legal Opinion

Fleming v. Tourgee

New York Supreme Court

Decided October 23, 1891PublishedCited by 14 opinions

Appeal from special term, Erie county. Action by Ezekiel Fleming against Albion W. Tourgee. There was judgment for plaintiff, and Emma K. Tourgee was, in supplementary proceedings, ordered to appear for examination as a third person having personal property belonging to, or being indebted to, defendant. For failing to appear, an order was rendered declaring her in contempt, and from an order denying her application to have such order set . aside she appeals.

1Opinion of the CourtMacomber, J.

This is an appeal from an order made by the special term denying the application of Emma K. Tourgee to set aside an order made by the special county judge of Chautauqua county, declaring the appellant in contempt in failing to appear for examination under allegations that she had personal property exceeding $10 in amount in her possession applicable to a judgment against her husband, Albion W. Tourgee. The order of the special county judge, dated February 22, 1890, required the appellant to appear before a referee for examination as a third person, on the ground that she had personal property…

2Cited by14 opinions

  1. Flemming v. Ronson Corp.New Jersey Superior Court Appellate Division · 1969
  2. FRANCIS v. HarrisNew Jersey Superior Court Appellate Division · 1968
  3. Kugler v. Haitian Tours, Inc.New Jersey Superior Court Appellate Division · 1972
  4. Commercial Can Corp. v. STEEL METAL, ETC.New Jersey Superior Court Appellate Division · 1960
  5. Rogers v. American Fidelity & Casualty Co.New Jersey Superior Court Appellate Division · 1958

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