General
The People of the State of New York ex rel. Louis Rogall, Appellant, v. Aaron Jacoby, Sheriff of the County of Kings, Respondent
241 A.D. 608·New York Supreme Court, Appellate Division·1934·NY
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Opinion
The People of the State of New York ex rel. Louis Rogall, Appellant, v. Aaron Jacoby, Sheriff of the County of Kings, Respondent.
Affd., 264 N. Y. 485.
[MAJORITY]
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.