Underhill v. Schenck
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Kelly, P. J.:
The power to enforce its judgment is inherent in the court, otherwise the judgment is futile. The Legislature could not deprive the court of this inherent power and in my opinion has not attempted to do so. In the Judiciary Law (§ 753) it is declared that a court of record has power to punish a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding pending in the court may be defeated, impaired, impeded or prejudiced in either of certain, specified cases. One of the cases (Subd. 2) is where a party to the…
2Cases cited12 opinions
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- Pitt v. . DavisonNew York Court of Appeals · 1867
- People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905
- People Ex Rel. Platt v. . RiceNew York Court of Appeals · 1894
- Daly v. . AmbergNew York Court of Appeals · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
- Revona Realty Corp. v. WassermanAppellate Division of the Supreme Court of the State of New York · 1957
- New York State Labor Relations Board v. George B. Wheeler, Inc.New York Supreme Court · 1941
- Shakun v. ShakunAppellate Division of the Supreme Court of the State of New York · 1960
- Miller v. SmerkinsAppellate Division of the Supreme Court of the State of New York · 1935
6 more not listed; retrieve them via the Exa API.