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1 Barb. 227

Brown v. Andrews

New York Supreme Court

Decided October 11, 1847

New York Supreme Court · decided 1847-10-11

In EauiTY. After an attachment, an alias and pluries attachment, and an attachment with proclamations, the defendant Andrews was arrested and' brought into court on a commission of rebellion, for a contempt in refusing to appear and submit to an examination before a master on a breditor’s bill. On being brought into court and asking time to answer the interrogatories, he was committed to prison, in default of bail in $3000.

Cited by 4 later decisions — most recently April 1884

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1847-10-11

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Edmonds, J.

¶1That is no objection. Attachments against parties to the suit, and the papers therein, ought to be so entitled.

¶2The defendant then objected that his co-defendant Wiswall had died before the defendant was arrested; and that the suit had not been revived.

Edmonds, J.

¶3The death of a defendant is an abatement as to himself alone; and pending aii abatement by his death, even process of contempt may be executed against the other defendant.

¶4The defendant then demurred to several of the interrogatories because they related to other alleged contempts in the cause than that for' which he had been arrested.

Edmonds, J.

¶5. The demurrers must be allowed. The inter-' rogatories should be confined to the fact of the service of the order or process and to the acts of neglect or commission constituting the violation thereof. They should not' relate to any previous proceeding.

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