Harris v. Elliott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Richard D. Harris, from an order of the Supreme Qourt, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of January, 1900, committing him for contempt of court for a failure to comply with the judgment of the court, directing him to pay to the defendant Elizabeth 0. Walker, as administratrix, etc., of' Thomas M. Wheeler, deceased, a sum of money therein named.
1Dissent
Barrett, J. (dissenting):
The question here is not what the judgment might have been, but what it is. People are not to be put into jail by a construction which expands the judgment beyond its definite and clearly-expressed terms. (Ketchum v. Edwards, 153 N. Y. 534.) What, ■ then, is the judgment? Simply that the plaintiff pay to certain defendants specified, sums of money. This judgment is based upon a decision which finds that the plaintiff “is indebted” to these defendants in the specified sums. There is not a word in the judgment respecting any trust fund; It is an ordinary equity judgment…
2Cases cited7 opinions
- Ketchum v. . EdwardsNew York Court of Appeals · 1897
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- O'Gara v. . KearneyNew York Court of Appeals · 1879
- In re HessNew York Supreme Court · 1888
- Ross v. ButlerNew York Supreme Court · 1890
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