First Nat. Bank v. Fitzpatrick
New York Supreme Court
Appeal from special term, Clinton county. Action by the First National Bank of Plattsburgh against John J. Fitzpatrick, John P. Brenan, and Hartwell Foote.
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Appeal from special term, Clinton county. Action by the First National Bank of Plattsburgh against John J. Fitzpatrick, John P. Brenan, and Hartwell Foote. From an order made in supplementary proceedings on a judgment in favor of plaintiff, ordering defendant John J. Fitzpatrick to pay to his receiver, John H. Booth, $2,916.45, or stand committed to the Clinton county jail until the same be paid, and from an order dismissing a writ of habeas corpus issued on the petition of said John J. Fitzpatrick for the review and reversal of the first-mentioned order, said Fitzpatrick appeals. Reversed.
1Opinion of the CourtPutnam, J.
I think the order of February 13th, under which the defendant was imprisoned, and from which the appeal is taken, was erroneously granted for the reasons pointed out in Fischer v. Raab, 81 N. Y. 235. In that case the plaintiff was directed to pay certain referee fees, and failed to do so. ■ An order to show cause was granted, requiring him to pay the said fees within a certain time or show cause why he should not be committed for contempt in disobeying the order and not paying the fees. On the return of the order, plaintiff not having paid the money, the court made an order that he be…
2Cases cited6 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Fischer v. . RaabNew York Court of Appeals · 1880
- Rice v. . EheleNew York Court of Appeals · 1874
- Boon v. McGuckenNew York Supreme Court · 1893
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3Cited by6 opinions
- Socialistic Co-operative Publishing Ass'n v. KuhnAppellate Division of the Supreme Court of the State of New York · 1900
- Ross v. La CagninaNew York Supreme Court · 1910
- Dailey v. FentonAppellate Division of the Supreme Court of the State of New York · 1900
- Dunlop v. MulryNew York Supreme Court · 1903
- People ex rel. White v. FeenaughtyNew York Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.