Opinion

Brown v. Andrews

  • 1 Barb. 227
Court
New York Supreme Court
Filed
Oct 11, 1847
Status
Published
Author
Edmonds
On the bench
Edmonds
Cited by
5 cases
Authority
More cited than 91.0%

The opinion

Edmonds, J.

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

The 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.

The 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.

The 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.

. 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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