Goldsmiths & Silversmiths Co. v. Haas
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order granting the judgment-creditor’s motion to punish the judgment-debtor for contempt.for failing to appear for examination in supplementary proceedings, and fining her in the sum of $250, to be applied in paymént of the judgment.
1Opinion of the CourtBijur, J.
The order appealed from contains no recital to the effect that the offense charged “ was calculated to, or actually did, defeat, impair, impede or prejudice the rights or remedies ” of the judgment-creditor. The absence of a recital to this effect is fatal to the order. Obermeyer v. Adisky, 123 App. Div. 272, 274; Guerrier v. Coleman, 135 id. 46.
I find nothing in the amendment of section 767 of the Code (Laws of 1911, chap. 368), “ Definition and form of an order,” to affect this determination. The mere authorization of what has come to be' known as a “ short form order ” does not excuse the…
2Cases cited5 opinions
- People ex rel. Springs v. ReidAppellate Division of the Supreme Court of the State of New York · 1910
- Ross v. La CagninaNew York Supreme Court · 1910
- In re the Estate of HustedNew York Surrogate's Court · 1902
- Kreiser v. KitaokaAppellate Terms of the Supreme Court of New York · 1901
- Obermeyer & Liebman v. AdiskyAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Amendola v. ZemaAppellate Terms of the Supreme Court of New York · 1916
- Starr v. MorangeNew York Supreme Court · 1922