In re Smethurst
The Superior Court of New York City
This was a habeas corpus, granted to inquire into the cause of the imprisonment of the petitioner, Henry D. Smethurst. A judgment had been recovered against the prisoner, in the supreme court, in favor of one David Osterhout, and upon proof of an execution on such judgment having been returned unsatisfied, the usual order Was made by Mr. Justice Harris, requiring him to appear before a referee, and make discovery on oath concerning his property.
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This was a habeas corpus, granted to inquire into the cause of the imprisonment of the petitioner, Henry D. Smethurst. A judgment had been recovered against the prisoner, in the supreme court, in favor of one David Osterhout, and upon proof of an execution on such judgment having been returned unsatisfied, the usual order Was made by Mr. Justice Harris, requiring him to appear before a referee, and make discovery on oath concerning his property. He appeared in pursuance of the order, with his counsel, and after the examination had been continued some time, a motion was made by his counsel for…
1Opinion of the CourtMason, J.
The last objection I shall consider first. Is the attachment void on its face 1 The counsel for the prisoner earnestly insisted that it was so, because it was made returnable before Justice Harris, ad his office, whereas it should - have been *726before the court at a special term, and he referred to the sections of the revised statutes on the subject of contempts, (2 R. S. 534, &c.) which provide in all cases for the party being brought before the court, and not before a judge. The answer to this objection is very simple and decisive. The 302d section of the code, in express terms, confers on…
2Cases cited1 opinion
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
3Cited by11 opinions
- Passmore Williamson's CaseSupreme Court of Pennsylvania · 1855
- Crofut v. . BrandtNew York Court of Appeals · 1874
- Commonwealth v. GibbonsSuperior Court of Pennsylvania · 1899
- State Ex Rel. Attorney General v. DavenportSupreme Court of Oklahoma · 1927
- Ex parte StickneySupreme Court of Alabama · 1866
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