Anderson v. Smitley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jane Ann Smitley, individually, etc., and others, from an order of the Supreme Court made at the New York Special Term aiid entered in the office of the clerk of the county of New York on the 24th day of June, 1910, denying the said defendants’ motion to punish the plaintiff for .contempt of a' judgment in the first above-entitled action.
1Opinion of the Court
Scott, J.:
We have held in Anderson v. Smitley, No. 1 (141 App. Div. 421), decided herewith, that the injunction contained in the final decree entered on October 13, 1903, in the action then pending, is an effectual bar to the prosecution of the action commenced by plaintiff in May, 1908. It is but a single step further and a necessary corollary to hold that the bringing of the second action is a violation of the injunctive clause of the previous decree, and a contempt of court. The appellants’ motion to punish plaintiff as for a contempt must, therefore, be granted, the proceedings on the…
2Cases cited1 opinion
- Anderson v. SmitleyAppellate Division of the Supreme Court of the State of New York · 1910