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Smith v. McQuade

13 N.Y.S. 63 Court N.Y. Gen. Term Decision date 1891-01-16 English

Delivered by Van Brunt, P. J.

Contents

Majority

p. 63
Smith v. McQuade.
(Supreme Court, General Term, First Department.
January 16, 1891.)

Headnote

Contempt—Discharge.
On the reversal of an order directing a judgment debtor to deliver certain property to a receiver appointed in supplementary proceedings, an order adjudging the debtor guilty of contempt in not delivering the property also falls, and must be reversed.
Appeal from special term, New York county.
Proceedings supplementary to execution upon a judgment recovered by Catharine L. Smith against Hugh McQuade. The judgment debtor appeals-from an order convicting him of contempt in not obeying an order to deliver certain personal property to a receiver appointed in the supplementary proceedings. For report of decision on appeal from such order, see ante, 62.
Argued before Van Brunt, P. J., and Brady and Daniels, JJ.
Thomas C. Ennever (E. O. Trautmann, of counsel,) for appellant. James Henderson, {S. Jones, of counsel,) for respondent.

The order for the disobeying of which this contempt proceeding was initiated having been reversed, the proceeding must necessarily fall with it. The order should be reversed, without costs, but with the disbursements of the appeal. All concur.