People Ex Rel. Cauffman v. . Van Buren
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 29, 1892, which affirmed an order of Special Term, which adjudged defendants, John Yan Burén and Prank Hopkins, guilty of contempt of court in disobeying a preliminary injunction order, imposed a fine and directed their imprisonment until the same was paid.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 29, 1892, which affirmed an order of Special Term, which adjudged defendants, John Yan Burén and Prank Hopkins, guilty of contempt of court in disobeying a preliminary injunction order, imposed a fine and directed their imprisonment until the same was paid. The preliminary injunction was granted in an action wherein the relators here were plaintiffs and said Yan Burén as sheriff of the county of Oswego, Hiram A. Iilock and Edgar A. Tiffany, and others who were judgment creditors of said…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendants were properly adjudged guilty of contempt in disobeying the preliminary injunction order granted by the county judge of Monroe county, unless the order was void upon its face for an utter lack of jurisdiction on the part of the judge who granted it. (People v. Sturtevant, 9 N.Y. 263.)
No matter how erroneous the action of the court may have been in taking cognizance of the suit and awarding a mandatory process, unless there was an entire absence of…
2Cases cited6 opinions
- The People v. . SturtevantNew York Court of Appeals · 1853
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Mechanics' & Traders' Bank of Jersey City v. DakinNew York Court of Appeals · 1873
- Frost v. . MottNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Oriel v. RussellSupreme Court of the United States · 1929
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Bachman v. . HarringtonNew York Court of Appeals · 1906
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
37 more not listed; retrieve them via the Exa API.