In re Wadley

Smith, P. J.:

This is a proceeding under section 1381 of the Oode of Oivil Procedure. It was commenced by the service of an affidavit, notice of motion and order to show cause, on the appellants personally, on 25th November, 1881, returnable at an adjourned Special Term of this court, at the chambers of one of the justices of the court, at which time and place the order appealed from was made. The only question is, whether the order, being one which could only be made on notice, was properly made at a Special Term held at the judge’s chambers and not at the court-house.

The contention of the…