Hornblower & Weeks v. Sherwood

I concur in the opinion of Judge Cohway for affirmance and upon the following additional ground:

Section 54 of the Civil Practice Act, so far as pertinent, provides: u The limitations prescribed in this article for actions * * * apply alike to actions brought in the name of the people of the state, or for their benefit, and to actions by private persons ” (emphasis supplied). The State has thereby surrendered its immunity in this respect only as to “ actions ”. The contempt order in this case was not obtained in any action, resulting in a judgment or decree. Nor is it “ necessary ” in this…