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Matter of Hertle

Appellate Division of the Supreme Court of New York, First Department
Jul 15, 1907
120 App. Div. 728 (N.Y. App. Div. 1907)

Opinion

July 15, 1907.

Martin W. Littleton, for the appellants.

Terence Farley, for the respondents.


Olney, Scannell and Walker were called as witnesses by the commissioners of accounts of the city of New York, who were investigating the office of the president of the borough of Manhattan. They were subordinates in that office, Scannell being the superintendent of highways; Walker, superintendent of supplies, and Olney the chief examiner of highways. After each had been sworn, certain questions were propounded, which each refused to answer, and thereupon proceedings were taken which resulted in a warrant committing each to jail for refusing to answer the questions put to him, and directing that he there remain until he submitted to answer such questions, unless, in the meantime, he were discharged according to law, and each has separately appealed.

The order and warrant of commitment in each proceeding should be affirmed, with ten dollars costs and disbursements, for the reasons stated in the opinion delivered in Matter of Hertle, In re Ahearn ( 120 App. Div. 717), decided herewith.

INGRAHAM, CLARKE and HOUGHTON, JJ., concurred; LAMBERT, J., dissented.

Orders affirmed, with ten dollars costs and disbursements.


Summaries of

Matter of Hertle

Appellate Division of the Supreme Court of New York, First Department
Jul 15, 1907
120 App. Div. 728 (N.Y. App. Div. 1907)
Case details for

Matter of Hertle

Case Details

Full title:In the Matter of the Application of JOHN C. HERTLE and JOHN PURROY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 15, 1907

Citations

120 App. Div. 728 (N.Y. App. Div. 1907)
106 N.Y.S. 772