Cunningham v. Hatch
New York Court of Common Pleas
Appeal from special term. Action by James Cunningham against Elias T. Hatch, Annie L. Hatch, and others to foreclose a mechanic’s lien. A motion to pun-, ish defendant Annie L. Hatch for contempt for refusing to return certain moneys to the custody of the county clerk was denied, and plaintiff appeals. On the 1st day of April, 1889, a mechanic’s lien was filed by the plaintiff against the property of the defendants.
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Appeal from special term. Action by James Cunningham against Elias T. Hatch, Annie L. Hatch, and others to foreclose a mechanic’s lien. A motion to pun-, ish defendant Annie L. Hatch for contempt for refusing to return certain moneys to the custody of the county clerk was denied, and plaintiff appeals. On the 1st day of April, 1889, a mechanic’s lien was filed by the plaintiff against the property of the defendants. On the 15th day of July, 1889, the lien was discharged by deposit with the county clerk. On or about March 12, 1890, the plaintiff commenced an action to foreclose the lien. On…
1Opinion of the CourtGiegerich, J.
The only question presented by this appeal is whether the defendants can be punished for a contempt by reason of their disobedience of the order requiring them to return the deposit to the county clerk, which was affirmed on appeal. Cunningham v. Hatch, (Com. Pl. N. Y.) 18 N. Y. Supp. 458. The learned judge who presided at the special term, where the order appealed from was made, assumed that the practice governing the restitution of moneys obtained by means of a judgment or order, which is subsequently reversed or set aside, applied to the deposit in question; and he accordingly held that…
2Cases cited4 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Forstman v. . SchultingNew York Court of Appeals · 1888
- O'Gara v. . KearneyNew York Court of Appeals · 1879
- Cunningham v. HatchNew York Court of Common Pleas · 1892
3Cited by3 opinions
- Devlin v. HinmanAppellate Division of the Supreme Court of the State of New York · 1899
- McAveney v. BrushNew York Court of Common Pleas · 1895
- Bannon v. LevyAppellate Terms of the Supreme Court of New York · 1897