Simon v. Aldine Publishing Co.
City of New York Municipal Court
Appeal from an order made at a special term of this court, denying the plaintiff’s motion to punish for contempt James Sutton, one of the sureties on the undertaking given herein by the defendant (see 5 N. Y. St. Rep., 906) upon an appeal to the court of common pleas.
1Concurrence
McAdam, Ch. J.
I concur in the conclusion arrived at by Judge Hyatt, for the reason that the facts have been found against the surety by the court below, and the common pleas have authoritively declared that the power to punish a surety for contempt exists, although he is not technically a party to the action. Hull v. L'Eplatinier, 5 Daly, 534.
This court has nothing to do but follow the instruction of. our appellate court by imposing the proper fine, which may be done on the settlement of the order by Judge Hyatt. • The merits have been disposed of, so that the rehearing at special term is…
2Cases cited1 opinion
- Hull v. L'EplatinierNew York Court of Common Pleas · 1875