Fobes v. Meeker

Decided January 25, 1841

New York Court of Chancery · decided 1841-01-25

This was a judgment creditors suit; and the defendant appeared before a master, on a reference to appoint a receiver. Questions were asked him, which he, under advice of counsel, refused to answer. The master was not required to pass upon the questions or to decide whether the defendant must answer them or not. Motion made for an attachment against the defendant.

Cited by 2 later decisions — most recently July 1902

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-01-25

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The Vice-Chancellor

¶1decided, that the master should express his opinion upon the propriety of the questions objected to and require the defendant to answer such of them as were proper; and then if he refused and did not appeal from the master’s decision, the proper.course was to move for an attachment ; but that it was not correct to move for an attachment *453against a party or a witness where it did not appear that the master had decided upon the question and required it to be answered.

¶2Mr. Silliman, for the motion.

¶3Mr. Charles Edwards, contra.