Legal Opinion

People ex rel. Crouse v. Cowles

New York Court of Appeals

Decided December 15, 1868PublishedCited by 2 opinions

Crowel and others, in October, 18G6, recovered a judgment in the supreme court against Marinda Wheeler, a married woman, for seven hundred and twenty-three dollars and twenty-four cents. Execution was issued and returned unsatisfied. The defendant was examined before a referee in proceedings supplementary to the execution.

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Crowel and others, in October, 18G6, recovered a judgment in the supreme court against Marinda Wheeler, a married woman, for seven hundred and twenty-three dollars and twenty-four cents. Execution was issued and returned unsatisfied. The defendant was examined before a referee in proceedings supplementary to the execution. The referee reported that she had nine hundred dollars in cash in her possession; and the judge made an order, requiring her to pay the amo.unt of the judgment and forty dollars costs, within ten days, or that, in default thereof, an attachment issue against her. Reported…

1Opinion of the CourtWoodruff, J.

The distinction between a commitment upon a precept issued for the disobedience of an order for the payment of a sum of money and a commitment upon a conviction of misconduct, punishable by fine and imprisonment, is very *510clearly indicated in the statute, and has been repeatedly declared by the courts. 2 R. S. pp. 534, 535, 536, 537.

The proceedings are unlike, and the decision and penalties imposed are different.

A precept to commit (section 4), for the non-payment of money, in obedience to a rule or order, issues of course, and ex parte, on proof by affidavit that personal demand has been…

2Cases cited4 opinions

  1. Van Wezel v. Van WezelNew York Court of Chancery · 1831
  2. People ex rel. Hawley v. BennettNew York Court of Chancery · 1833
  3. Patrick v. WarnerNew York Court of Chancery · 1834
  4. Jackson v. BillingsNew York Supreme Court · 1803

3Cited by2 opinions

  1. In re the Investigation of the Departments & Officials of AlbanyNew York Supreme Court · 1911
  2. People v. MarshallNew York Surrogate's Court · 1877

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