Appellate Division of the Supreme Court of New York, 1934

People ex rel. Rogall v. Jacoby

People ex rel. Rogall v. Jacoby
Appellate Division of the Supreme Court of New York · Decided January 15, 1934
241 A.D. 608
People ex rel. Rogall v. Jacoby

Opinion of the Court

Order dismissing writ of habeas corpus reversed on the law and the facts, without costs, writ sustained, and relator discharged from custody. When the subpoena was issued in *609February, 1933, requiring relator to attend as a witness in proceedings supplementary to execution, those proceedings had lapsed. (Matter of Mancaruso v. Cuthbert, 224 App. Div. 754; Matter of Otten v. Stromeyer, No. 1, 228 id. 360; Matter of Walmor, Inc., v. Markel, 240 id. 1007.) The court had no jurisdiction of the subject-matter and, therefore, had no power to entertain a motion to punish relator for contempt for a violation of the order of June 18,1931. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, Jj., concur.

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