Fobes v. Meeker

3 Edw. Ch. 452 | New York Court of Chancery | 1841

The Vice-Chancellor

decided, that the master should express his opinion upon the propriety of the questions objected to and require the defendant to answer such of them as were proper; and then if he refused and did not appeal from the master’s decision, the proper.course was to move for an attachment ; but that it was not correct to move for an attachment against a party or a witness where it did not appear that the master had decided upon the question and required it to be answered.

Mr. Silliman, for the motion.

Mr. Charles Edwards, contra.