DeWitt v. Dennis
New York Supreme Court
Motion to set aside attachment, and all subsequent proceedings. The defendant was committed by an order of the county judge of Cayuga county, for refusing to answer interrogatories touching his disobedience of certain orders, requiring him to appear before the referee and answer concerning his property, as well as for his misconduct in not appearing before the referee as required by said orders, without specifying which.
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Motion to set aside attachment, and all subsequent proceedings. The defendant was committed by an order of the county judge of Cayuga county, for refusing to answer interrogatories touching his disobedience of certain orders, requiring him to appear before the referee and answer concerning his property, as well as for his misconduct in not appearing before the referee as required by said orders, without specifying which. No copy of the interrogatories was furnished to the defendant, although demanded. The proceedings prior to the order of commitment are substantially detailed in the opinion…
1Opinion of the CourtMorgan, J.
Before an attachment issues to bring the defendant before the judge for disobedience of an order requiring him to appear before a referee and submit to an examination as to his property, it must be made to appear *132that the order is lawful (2 R. S. 534, § 1, sub. 3); that is, such an order as the judge is authorized to make, and that it has been duly served (Code, § 302). The manner of service should be stated, so that the judge can see that it is duly served. The service of papers prescribed by the Code does not apply (§ 418). The affidavit of the attorney, Mr. Cox, specifies several such…
2Cases cited2 opinions
- People ex rel. Lovett v. RogersNew York Court of Chancery · 1830
- President, Directors & Co. of the Bank of Genesee v. SpencerNew York Supreme Court · 1857
3Cited by3 opinions
- State ex rel. DeBuys v. Judges of Civil District CourtSupreme Court of Louisiana · 1880
- Tastee Inn, Inc. v. Beatrice Foods Co.Nebraska Supreme Court · 1958
- Shore v. PeopleSupreme Court of Colorado · 1899