Albany City Bank v. Schermerhorn
New York Court of Chancery
This was an appeal by D. Perrin & J. Boardman, the late sheriffs of the counties of Monroe and Orleans, from a decretal order of the vice chancellor of the eighth circuit, adjudging them to-be in contempt, and ordering them to pay the costs of the proceedings to be taxed, and to deliver up to the receiver in these causes the property levied upon by them respectively ; and that they be committed until the order should be complied with.
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This was an appeal by D. Perrin & J. Boardman, the late sheriffs of the counties of Monroe and Orleans, from a decretal order of the vice chancellor of the eighth circuit, adjudging them to-be in contempt, and ordering them to pay the costs of the proceedings to be taxed, and to deliver up to the receiver in these causes the property levied upon by them respectively ; and that they be committed until the order should be complied with. From the certificate of the clerk it appeared that the only papers used before the vice chancellor, upon the making of the order appealed from, was the report…
1Opinion of the Court
The Chancellor.
The necessary papers are not before me, on this appeal, to enable me to decide the case upon the merits ; nor were all the papers which the law requires before the vice chancellor, upon making the order appealed from, according to the certificate of the clerk. The statute relative to proceedings as for contempts to enforce civil remedies and to protect the rights of parties in civil actions, has prescribed two modes of proceeding, where the misconduct complained of is not committed in the immediate view and presence of the court; except in the two cases, of disobedience to a…
2Cited by42 opinions
- Pitt v. . DavisonNew York Court of Appeals · 1867
- Whittem v. StateIndiana Supreme Court · 1871
- Ex parte WrightIndiana Supreme Court · 1879
- Gandy v. StateNebraska Supreme Court · 1882
- Klauber v. San Diego St.-Car Co.California Supreme Court · 1892
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