Utica City Bank v. Buell
New York Supreme Court
Supplementary proceedings. The plaintiff moved for an attachment against the defendant for an alleged contempt, in not appearing before a referee in proceedings under an order for his examination. The facts are stated in the opinion.
1Opinion of the Court
Bacon, J.—On
the 26th day of July, 1859, an order supplementary to the return of an execution was obtained by the plaintiff, requiring the defendant to appear and be examined on the 29th of July, before a referee appointed for that purpose. This order was served on the 27th of July, and the proof of such *389service consisted of the certificate of the sheriff, without being verified by oath that such service had been made. On the day designated by the order, the defendant appeared before the referee in the manner hereinafter stated, and asked a postponement of the hearing until the 5th of August…
2Cited by3 opinions
- Crites v. LittletonSupreme Court of Iowa · 1867
- Farqueharson v. KimballNew York Supreme Court · 1859
- Smith v. DavisNew York Supreme Court · 1892