Hilton v. Patterson
New York Supreme Court
Motion to commit for contempt. An order having been granted in the above action by Judge Barnard for the examination of the defendant, and the defendant having failed to appear and be examined, an order was subsequently issued by the same judge that the defendant show cause why he should not be committed for a contempt, which order was placed on the calendar, and from time to time continued and adjourned there until some time in September, when an attachment was issued by…
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Motion to commit for contempt. An order having been granted in the above action by Judge Barnard for the examination of the defendant, and the defendant having failed to appear and be examined, an order was subsequently issued by the same judge that the defendant show cause why he should not be committed for a contempt, which order was placed on the calendar, and from time to time continued and adjourned there until some time in September, when an attachment was issued by Jndge Sutherland against the defendant, returnable on the 30th of September. Under this order interrogatories were filed,…
1Opinion of the CourtLeonard, J.
The affidavit upon which the order for the defendant to attend and submit to an examination supplementary to the execution was made, contains all allegations necessary to give jurisdiction to grant the order.
Whether the person who made the affidavit knew the facts, or stated them on his belief, is not now the inquiry. If the defendant desired to raise the question whether there was such a judgment or execution, he must, at least, do so by an affirmation of what he claims to be the fact. This would be an affirmance of new matter upon which the plaintiff might join issue and offer proof if…
2Cases cited2 opinions
- Dresser v. Van PeltThe Superior Court of New York City · 1857
- Wickes v. DresserNew York Supreme Court · 1857
3Cited by1 opinion
- United States v. Church of Jesus Christ of Latter Day SaintsUtah Supreme Court · 1889