Pawolowski v. . City of Schenectady
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 18, 1914, which affirmed an order of Special Term adjudging the appellant herein guilty of criminal contempt of court.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 18, 1914, which affirmed an order of Special Term adjudging the appellant herein guilty of criminal contempt of court. On September 4,1913, the county judge of Schenectady county granted an injunction in this action restraining the defendants, their. agents, servants and employees from laying a concrete sewer under the sidewalk in front of the premises of the plaintiff and from cutting down, mutilating or in any way otherwise injuring the trees in front of said premises and…
1Opinion of the CourtCuddeback, J.
This is an appeal from a final order which adjudged the appellant, George B. Lunn, guilty of criminal contempt of court, and fined him $100 for violating the terms of an injunction order.
Section 750 of the Judiciary Law (Cons. Laws, ch. 30) enumerates and defines the acts which constitute a criminal contempt for which the court has power to punish, and declares that there are no others. One of the acts so enumerated and defined as a criminal contempt of court is: “ Willful disobedience to its lawful mandate.” The appellant in this case cannot be punished unless his act was a “ willful…
2Cases cited1 opinion
- People Ex Rel. Barnes v. . Court of SessionsNew York Court of Appeals · 1895
3Cited by6 opinions
- Steingut v. ImrieAppellate Division of the Supreme Court of the State of New York · 1945
- Briddon v. . BriddonNew York Court of Appeals · 1920
- Sheridan v. KennedyAppellate Division of the Supreme Court of the State of New York · 1961
- Berkon v. MahoneyNew York Supreme Court · 1943
- In re Commissioner of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1979
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