Page:Federal Reporter, 1st Series, Volume 10.djvu/635

 IN BE CARY. 65^3 �4. Same — Motion to Hold in Contempt, ymwx Dbnied. ,, �Where an ex parte injunction in bankruptcy was obtained againgt a plaintlfl, "his marshals, servants, and agents in charge of said execution," was served upon the marshal having the execution in charge, who thereupon returned the execution unsatisfled, and the injunction was never served upon the plaintiS or his attorney, though they were accessible daily ; and six weeks afterwards an alias execution was issued by the clerk of the court, at the attorney's requeat, to another marshal, who levied thereunder, whereupon an order to show cause was obtained to punish for contempt the plaintifE, his attorney, and the last- named marshal, all of whom denied any notice or knowledge of the injunction until the service of the order to show cause, and a long litigation ensued, upon a reference to take proof of the facts, mostly occupied with the question of notice of the injunction : �Held, that the motion to hold in contempt should be denied, no excuse being shown for the want of service in the ordinary way, and that the court should refuse to entertain nice controversies of fact concerning indirect notice spring- ing solely from laches in not making any service of the injunction order upon the parties sought to be held. �In Bankruptcy. Motion to punish for contempt. �H, G. Beach, for bankrupt. �Philo Chase, for Youmans and Prentiss. �John G. Lang, for Wagner. �Beown, D. J. Cary was adjudicated a bankrupt on April 17, 1878. On the sixth of Januarj', 1881, a judgment for $45.72 -was obtained against him by Youmans, in the third district court of thia city, for an old claim of $36. This claim was one of several against vari- ous persons which Youmans had placed in the hands of Prentiss, an attorney, for collection on shares without expanse to Youmans, and the judgment was obtained through Prentiss as attorney. Execution was issued thereon by the clerk of that court on the same day to Taylor, one of the city marshals, who thereupon went with the exe- cution to a store where the bankrupt was employed by his brother, and levied on certain property. On the following day the bankrupt presented a petition to this court, and obtained an injunction order, for the subsequent alleged violation of which this proceeding was had. �The injunction order refers to the petition as "annexed," and di- rects that all proceedings uuder "a certain judgment recovered in the third judicial district court of the city of New York by one Edgar W. Youmans against said bankrupt for a certain debt set forth in bis said petition, amounting to the sum of $36, and upon which said judg- ment execution appears to have been issued against the property and effects of said bankrupt, be stayed, and the said Edgar W. Youmans, his marshals, agents, and servants in charge of said writ of execu- ��� �