Livingston v. Swift
New York Supreme Court
Appeal from an order made by the Albany county judge on proceedings supplementary to execution and discharging defendant from an order to show cause why he should not be punished for contempt. The leading facts are as follows : An order was made in this action, on an affidavit on behalf of plaintiff’s assignor, by which the judge appointed E. Newcomb, Esq. to take the examination of defendant and return the same to the judge.
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Appeal from an order made by the Albany county judge on proceedings supplementary to execution and discharging defendant from an order to show cause why he should not be punished for contempt. The leading facts are as follows : An order was made in this action, on an affidavit on behalf of plaintiff’s assignor, by which the judge appointed E. Newcomb, Esq. to take the examination of defendant and return the same to the judge. The order contained the usual restraining clause forbidding a transfer or other disposition of the property of the judgment debtor not exempt from execution, and any…
1Opinion of the Court
By the court,
Hogeboom, Justice.
I think Judge Wolford’s order discharging defendant, erroneous.
1. Whether the defendant was served with the injunction order in due form or not, by the exhibition of the original, is a disputed question of fact upon which the judge had a right to pass. But I think knowledge of the injunction, information of its contents, presence in court when it was made, would be fully sufiicient to impose upon the defendant the duty of obeying it, at least so far as the pecuniary rights of the relator are concerned. (Hull agt. Thomas, 3 Edw. Ch. Rep., 236; People ex rel.…
2Cases cited4 opinions
- People v. ComptonThe Superior Court of New York City · 1853
- Hull v. ThomasNew York Court of Chancery · 1838
- People ex rel. Morrison v. BrowerNew York Court of Chancery · 1834
- Stafford v. BrownNew York Court of Chancery · 1834
3Cited by8 opinions
- People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905
- State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905
- Drakeford v. AdamsSupreme Court of Georgia · 1896
- Underhill v. SchenckAppellate Division of the Supreme Court of the State of New York · 1923
- Koehler v. Farmers' & Drovers' National BankNew York Supreme Court · 1889
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