Legal Opinion · Dissent

In re Backus

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1904Published

Appeal by Frances A. Backus from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of December, 1903, granting a motion made by Henry D. Merchant to punish the appellant for a contempt of court. .

1Dissent

Laughlin, J. (dissenting) :

The judgment upon which supplementary proceedings were instituted was recovered in the Supreme Court in the first district. The judgment debtor resided in Rensselaer county. A transcript of the judgment was docketed in that county and an execution duly issued to the sheriff thereof was returned unsatisfied. Thereupon the supplementary proceedings were instituted before the county judge of Rensselaer county, who made an order requiring the judgment debtor to appear before a referee for examination. She appeared before the referee, but refused to answer questions and…

2Cases cited10 opinions

  1. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  2. First National Bank v. MartinNew York Supreme Court · 1888
  3. Tremain v. . RichardsonNew York Court of Appeals · 1877
  4. People ex rel. Grant v. WarnerNew York Supreme Court · 1889
  5. Wickes v. DresserNew York Supreme Court · 1857

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