Matter of King v. . Ashley
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made June 30, 1904, which affirmed an order of the Warren County Surrogate’s Court punishing the defendant for contempt in refusing to answer certain questions. The facts, so far as material, are stated in the opinion. The contempt was a civil one, and an appeal lies to this court, especially by a party to the proceeding. (Code Civ.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made June 30, 1904, which affirmed an order of the Warren County Surrogate’s Court punishing the defendant for contempt in refusing to answer certain questions. The facts, so far as material, are stated in the opinion. The contempt was a civil one, and an appeal lies to this court, especially by a party to the proceeding. (Code Civ. Pro. § 190, subd. 1; Van Arsdale v. King, 155 N. Y. 325; Matter of Strong v. Randall, 177 N. Y. 400; People ex rel. v. Dwyer, 90 N. Y. 402; Sudlow v. Knox, 7 Abb.…
1Per curiam
This was a proceeding instituted under sections 2707 and 2709 of the Code of Civil Procedure for the examination of the appellant to obtain a discovery of his information concerning property belonging to the estate of William Moore, deceased. The appellant attended in answer to a citation, but declined to answer certain questions put to him on the ground that by section 835 of the Code of Civil Procedure, he was forbidden to disclose the information sought, having been the attorney and counsel of the deceased. The sole object for which the proceeding was instituted was to obtain the…
2Cases cited5 opinions
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Matter of Strong v. . RandallNew York Court of Appeals · 1904
- Crosby v. BergerNew York Court of Chancery · 1844
- People ex rel. Grant v. WarnerNew York Supreme Court · 1889
- Bogert v. BogertNew York Court of Chancery · 1834
3Cited by21 opinions
- Farr v. NewmanNew York Court of Appeals · 1964
- People ex rel. Vogelstein v. Warden of the County JailNew York Supreme Court · 1934
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1977
- United States v. MarrelliUnited States Court of Military Appeals · 1954
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
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