5 Redf. 136
Decided March 15, 1881
New York Surrogate's Court · decided 1881-03-15
Application by a legatee against the executor, for an attachment, for the non-payment of the sum of $483.47, with interest from January 1, 1871, pursuant to a decree on final settlement of his account, entered February 26, 1880.
Cited by 1 later decisions — most recently July 1904
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1881-03-15
View the full empirical analysis of this case →
¶1The manner in which the motion was argued indicated that the attachment sought was under section 2555 of the Code, as for a contempt, which has no application to the proceedings, the decree having-been entered before September 1, 1880 (§ 3347, subd. 11). But the moving papers seem to justify the issuing of an attachment under section 10, subd. 4, of 3 R. S., 327 (6 ed.), which must be in form similar to that used by the court of chancery in analogous cases.
¶2Ordered accordingly.