People ex rel. Rogall v. Jacoby

241 A.D. 608

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 15, 1934
• Status: Published

Opinion

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 February, 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.