Snelling & Baxter v. Watrous
New York Court of Chancery
The defendant Watrous was in contempt for not answering ; and an attachment was issued against him, upon which .he could not be found by the officer. But having applied for his discharge under the insolvent act, to the recorder of NewYorlc, the complainant’s counsel opposed his discharge, and procured an order for his personal examination before the recorder.
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The defendant Watrous was in contempt for not answering ; and an attachment was issued against him, upon which .he could not be found by the officer. But having applied for his discharge under the insolvent act, to the recorder of NewYorlc, the complainant’s counsel opposed his discharge, and procured an order for his personal examination before the recorder. After the defendant’s examination was closed, and as he was leaving the recorder’s office, the complainants’ counsel caused, him to be arrested on the attachment. The defendant immediately applied to the recorder for his discharge, who…
1Opinion of the Court
The Chancellor.
If this was an attachment' for the non-payment of costs merely, or a precept to commit the defendant for the non-payment of a sum of money, under an order of the court, the proceeding, although in form in the name of the people, would in substance be a civil proceed*315ing; and the defendant would be protected from arrest thereon during his attendance before the recorder, and until he had a reasonable time to return home. (Ex parte Parker, 3 Ves. 554. United States v. Edme, 9 Serg. & Rawl. 150. Ex parte Eicke, 1 Glyn. & Jan. 261.) Whether the protection extends -to those cases in…
2Cases cited1 opinion
- United States v. EdmeSupreme Court of Pennsylvania · 1822
3Cited by18 opinions
- In Re JohnsonSupreme Court of the United States · 1897
- Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
- Townsend v. SmithWisconsin Supreme Court · 1879
- Wanzer v. BrightIllinois Supreme Court · 1869
- Metcalf v. ClarkNew York Supreme Court · 1864
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