Devereaux v. Clifford
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Saratoga county. Action by Charles J. Devereaux and others against Timothy A. Clifford, in which there was a judgment for plaintiffs. From an order convicting defendant of contempt, and fining him $371.15, the amount of the judgment, for his failure to appear for examination under an order in supplementary proceedings, he appeals.
1Opinion of the CourtLandon, J.
The conviction for contempt was proper, but, in the absence of evidence that the defendant’s disobedience occasioned any actual loss or injury to the plaintiffs beyond the costs and expenses of this proceeding to punish him, the fine to the amount of the judgment was not authorized. Code Civ. Proc. § 2284; Coal Co. v. Hecksher, 42 Hun, 534.
Order affirmed as to the conviction, reversed as to the fine, and proceeding remitted to the special term, as in the case cited, for further order in respect to the fine, with $10 costs and disbursements to appellant. All concur.
2Cited by1 opinion
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