Holstein v. Rice
New York Supreme Court
Appeal from an order of a county judge, in proceedings supplementary to execution. The plaintiff, having a judgment on which an execution against the defendant had been returned unsatisfied, applied, in 1859, to Judge Robinson, then county judge of Albany county, for an order, under section 292 of the Code, to examine the defendant in regard to his property.
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Appeal from an order of a county judge, in proceedings supplementary to execution. The plaintiff, having a judgment on which an execution against the defendant had been returned unsatisfied, applied, in 1859, to Judge Robinson, then county judge of Albany county, for an order, under section 292 of the Code, to examine the defendant in regard to his property. The order was granted, duly served, the defendant appeared, and the examination was in part had, and adjourned to a subsequent day. On such day the defendant did not appear, and an order was issued, and duly served, to show cause why an…
1Opinion of the Court
By the Court.—Hoqeboom, J. (after stating the facts).
I think the order is appealable, because it defeats the plaintiff of a substantial right. The object of the proceedings before Judges Robinson and Wolford was not simply to punish the defendant for a contempt of the judge’s order, but to enforce the plaintiff’s rights and collect his judgment. The attachment was issued at the instance of the plaintiff, and was a necessary proceeding to enable him to pursue the investigation before the judge. A contumacious refusal on the part of the defendant to answer before the judge, might be punished by…
2Cases cited8 opinions
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- In re SmethurstThe Superior Court of New York City · 1850
- Griffin v. DominguezThe Superior Court of New York City · 1853
- Dresser v. Van PeltThe Superior Court of New York City · 1857
- Wickes v. DresserNew York Supreme Court · 1857
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