People ex rel. Pease v. King
New York Supreme Court
Appeals from three orders made hy the county judge of Monroe county in proceedings supplementary to execution. The judgment upon which the execution issued was in the supreme court, and in favor of the relator against the defendant.
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Appeals from three orders made hy the county judge of Monroe county in proceedings supplementary to execution. The judgment upon which the execution issued was in the supreme court, and in favor of the relator against the defendant. On the examination of the defendant before the referee, it appeared that he had then in his hands about $279, which he claimed to hold as the money of one Woodworth, and as being the proceeds of property alleged to belong to the latter, which the defendant had sold as his agent. Woodworth was also a witness, called by the relator before the referee, and claimed…
1Opinion of the Court
By the Court—Johnson, Justice.
The three appeals, one by the relator, and two by the defendant, may very properly be considered together.
First. The order discharging the defendant from the attachment was properly made. The attachment to appear and answer was not the proper one for the alleged offence. The alleged contempt was the non-payment of a sum of money directed to be paid. In such case the precept issues to commit directly. The process to appear and answer, is for contempts other than those for the non-payment of a sum of money. (2 R. S. 535, § 4 and 5 ; 2 Barb. Ch. Pr. 271; 1 Hoff. Ch.…
2Cited by5 opinions
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