Hommel v. Buttling
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Ellen 0. Hommel and another against William J. Butt-ling, as sheriff of Kings county. Judgment for plaintiffs, and defendant appeals. Affirmed.
1Opinion of the CourtCullen, J.
We differ from the view of the learned Presiding Justice that the commitment is illegal on its face. It did not direct the imprisonment of the debtor for any period whatever after the payment of his fine. Section 2285, Code Civ. Proc., has no application to such a case. It provides that, where the misconduct is an omission to perform an act still in the power of the offender to perform, he shall be imprisoned only until he has performed it, and paid the fine, and that in other cases he may be imprisoned not exceeding six months. The effect of this section is to limit the power of the court to…
2Cases cited1 opinion
- People ex rel. Post v. GrantThe Superior Court of the City of New York and Buffalo · 1888