Donahue v. Lyons
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Peter J. Donahue, Sr., Peter J. Donahue, Jr. and others, against Patrick Lyons. From an order adjudging defendant guilty of contempt, and punishing him therefor, he appeals.
1Per curiam
We are of opinion that the course of practice adopted by the plaintiffs in this proceeding was irregular. It is not necessary for us to point out the various irregularities which we have in mind. It is sufficient to say that the order punishing the defendant for contempt, and finding that his misconduct in violating the injunction order impaired and prejudiced the rights of the plaintiffs to their actual loss, in the sum of $250, is without evidence to sustain it. It is true that the court, under section 2284 of the Code of Civil *613Procedure, might have imposed a fine not exceeding $250 upon…
2Cited by2 opinions
- Friedman v. NewmanAppellate Terms of the Supreme Court of New York · 1904
- Leonard v. JacobsonCity of New York Municipal Court · 1899