New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-22


THE MORRIS FIRE AND INLAND INSURANCE coMPAN'
ANOTHER MOTION 10 PUNISH MI sTASsBURi
FOR CONTEMPT.
This motion was made on the papers Heretofore
pub hsd aud upon paTers in the mt o. Danie W. e
cause from the Third District tAlbsny) the deputy Attorney
General appied In NeYork to Justice Barnard Tor an ord
wing Company. which granted by me Judge ue
how substi ung IN place OF Mr. Sanbury tie pe-idrn
Of the Company, who had been suggested as hece'
Mr. Iobn X IIsckett That Mr Hammond then, Feb Y
pretense OF taxing the papers for coyns ooahe
them from tie clerk and after consutaion with he He
Of The Company went win n htby hs OF %
orders before granted procured another order TO snow
which MI Kirby readily accepted, and AT once pocuIe
sspsbry rrceiyrr TIL. was on The 29,h Of February Mr
Teller ocshoder, brought an action on the 25.h aga
the Company, In which junction was granted ana M
rcsett rrsppon,ed Mr. Hackett the bonds required
and the DAY the 18th demanded the property &C.
Subsequently, q referee was appointed TO snpefih
tend tho transfer Of the property, VINO issued
subrena Mr. Stansbury TO aud testify on that pro
cpedng tie attended before tho referee bat refused TO be
deliver ,he assets For this the present mo
tion IL made 10 punish him or contempt The explnat on
of Mr. -ansbury and the Deputy Attorney Is tni',
under the 81 tue superintendent OF ths Ia
Department stipulation entered into with the
insolyen Company hat they woud make no ooJo 70 e
solution Mr. Ssnbury were appointed receiver a we
presentation of order Justice Bernard was made under
this stipulation and the Judge having di'regried the Dep
uy Att General bound In honor TO nave the oIdef
vacated ha the order never was entefrd tnousn rel
deceit couceamen used Ia obtaining the papers ou
the Clerk and that under those circumstances the orders OF
the Judge AZ Albany yii and Mr. san'bnry stood Is
the officer u the Court and c.ud not De comp u 70
deliver possession Of the Property The affidavit OF Mr.
Hammond has been been already published -,
The motion up for argument this morning, and 1r
Fied on behalf OF the motion, presented the following
points:
F6st: An the proceeding of whatever kind hal in the
City oud County Albany void Tor want Of arsdction
The petition OF the Attorney General is special proceeding,
Is governed by Judiciary Of 1871 and by Section
81 Of be had in The county where the corpo'
ration is estab .h,d. flaws Of 1884, p. 334 sec. ST.
The language leaving out what does not apply to this case
sas follows; II sui, be pending the motion shal be
made resides" corporation person within the mean
ing Of the sct2 r. s., LIST ed 773 l-nd that corpora
ton ba, residence Is well settled. Code, 1885, Beden
AGAINST ~ Y and ar r. r. Co.; Is How H. Confoe against
Sa Pro- In. Co. 10 How i2 People 70 sS'ig' 90, Piecs 81
again, Tnkum Barb ch. lO5. Bufckle against Eckhar
Second f,he Special Term at Albany had jurisdiction
all its order to show before the Special Term in New
fOk vd and from tina, time the future proce, ngs
must be had here (se- Insurance Act ofl859 "a
of 1853 pige 98 The language that the ATTORNEY General
shall apply TO the supreme Cour, for an order requiring
them to show cause why the business pany should
not be closed and the Court shall hersupon proceed to
hear the ;on and proof. o. the respective parties and
in case II shall appear subtraction OF said Court that the
and funds Of sid Company sufficient acre,
said that the Interests OF the public so require tue said
Cont sba decree dissolution Of said Comply and dis.
buon OF its effects" From the Therefore that
the order 20 show in Newly OK was made, no other
/ srecisl Term All any iurisdicton
lard If both the positions taken in the preceding
ponts unfounded "oud still be ole.r that the Court
In had jurisdiction to hear shown and to aci
upon t. though Jurisdiction had been concurrent
With he special Term at Albany Tie order made
Therefore operative the moment it made, and dobed
ence 70 70 was a contempt
NH: An order entered in the rough minutes is Just
binding upon those who have notice Of if had been
tered length. and in formal manner This
has been repeatedly decided in respect to orders Tor nc
tious.
the decree dsovng the Company tae Corporation ceased TO
exist any pretended service upon j. or is Officers after
jurisdiction The rights Of the stokhodr and creditors and
the Receiver thsrroy tHed and was not ia the
Il torn
proceedug case Of hecns Fire lEs Co., Abbott, az
See also but.er agt. Tsl., sand. GIL.
Sn The foregoing points are al made IN reference TO the
special proceedg bot there is besldes the action duly
brought in which NJ Teller Is plaintiff and the Company Is
within IA. nri.dcon Of the Court and must be- also obyed
Attorney Mlrindae appeared to oppose the mo-
W.. charged w.h CONTEMPT FOR ceItn matters 10 which
the Attorney Generals office concerned end believing
that they proper. lie had come there 20 give his yew
The fol owing was bis argument:
Frat Neither the Receiver Iack,, the Referee Has
hin has auy horiiy jurisdiction 10 act 10 this case
The oice M s.ln in aid Of r Hacket' and, tn,
latter has authority 10 the premises The former has no oil
second ON the lh Of February the Deputy A,,ome Gen
era uneer an otds 20 show c,se g'n'ed BY ths epeea
to TIA, Court ard Quilted Supreme Court, County Of AL
bauy appeared in the SPECIAL Term Of the First District un
tie appointment Of Edward 4. saubury receiver
Wihout the snowedge scgniescence OF the parties The
name Of Nh. Haekeit The parties declined to copcGr
by the practice fthe Court was necessary That The or
be contaminated In an effective order.
/. wa. IN no condition in Of the proceedings to
consequences Without actual entry in the
Ccrs. Office could not transcribed. IL could receive no
off u could carried the
appcl 20 lonx. Withheld from the Clerks office,
NJ Hacsr had nothing to refer to as the source OF ms author.
except the memory Of officials and nothing put paper
Except sdaSis Of witnesses stating the ua'ae'ion' in the
Courts.
on the morning Of the following day the hour Of 10
.HH nfpT
ment OF Mr. Hackett initiated but never contaminated,
returned uto the court In the Thri Judicial Distinct
SHOW cause &C. 10 the First District (which the only
ground Tor ur.dction the Fifs, Distic revoked
The incomplete proceedings tending to the appointment OF
Mr. Hacket abandoned aud discontinued and that
PETITION the appointment OF Mr. Sansbury receiver was
then made and the Insurance Corporation at the same Time
In the sane court Dissolved The decree OF dissolution
aud the appointment Of MI Stansbuy we're immediately en-
tered and led record in the Clerks Office OF the County
Albany and there remain at this moment in fun force and
effect. not vicsied or annuned. ....
II is to the case thus presented TO say ths the
Deputy Attorney General who conducted me ptoGeo
ought 10 have abandoned the selection oil MI iaesett
n chow su.e before this district that his proceed
ns in that regard irregular (which 1. denied lie df
k these proceedings and they Incorporated In and sol
EMMY authenticated by the decree Of the Supreme Court
enrolled ard entered OF record ,,,
Neither will 10 say, that such proceedings VIII be
set aside They been set aside, aud Mr. stanseury
Is present In the attitude to resist the eror ana 70 DENY
that they ogh, to be set aside hen amoen for that purpose
Thu. aimed with the appointment Of the supreme Court
male its ofrerhodng possession Of the assets Of the In
sranc. Company not President agent Of that Company
bu "a the officer the Courtls attempts made on his su
Lo,iv nv Mr. sckett Mr. Ha.kn. far their ~
rytd om proceeding initiated by the Superintendent
OF the Department and conducted IN the name OF
ho Attorney General aud by officer empowered to use his
authority attempts agsnst the Court and the custody
which the Court commands
The Teller suit purpor TO be action against party COM
p.ut 10 be sued IL Indispensable that there should be
defendant TO give tue action any validity whatever.
put her, was defendant when that action COM
menced-tle corporation dissolved As well might the
suit be prosecuted against the dead.
U never had vitaty-it could not impsr to the in
abandoned designation of Mr. Hacket in
the initiated by the Superintendent Of tho In
| den .meuf.