Miele v. Acierno

I have difficulty in grasping the reason underlying those decisions that hold that willful perjury committed upon a trial or hearing or in an affidavit submitted to the court, may not be punished as a contempt. Matter of Silberman Dairy Co. v. Econopouly, 177 App. Div. 97. The refusal of a witness to answer may be so punished. Kendrick v. Wandall, 88 Hun, 518. But it is said that if instead of refusing to answer a witness deliberately answers untruthfully he is not in contempt. If such be the rule, the witness who is unwilling to make an untruthful answer and yet is not willing to tell what…