German Savings Bank v. . Habel
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the City of Hew York, affirming an order of Special Term, which adjudged the attorney for defendant, Habel, to be in contempt for violating an injunction herein, and imposing costs upon him.
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Appeal from order of the General Term of the Superior Court of the City of Hew York, affirming an order of Special Term, which adjudged the attorney for defendant, Habel, to be in contempt for violating an injunction herein, and imposing costs upon him. An action was commenced in the Marine Court by the defendant, Agathe Habel, against the plaintiffs, to recover a deposit of $400. The bank disputing her title to the fund in question made a motion in the Marine Court to interplead Henry Gunther, the executor of Carl Habel, who also claimed the fund. This motion was granted to a certain extent.…
1Per curiam
The injunction clause in the order did not prohibit the collection of the costs awarded, but the prosecution of the action, dr any steps to recover the $400 on deposit in the name of Habel.
Under these circumstances, the costs were collectible and the attorney was justified in issuing the precept. If it had been intended to prevent the collection of the costs, the order should have been broad enough to cover them. That it was not so intended, is shown by the fact sworn to at folio twenty-nine, that the costs became due, and an execution could have been issued for their collection before this…
2Cited by5 opinions
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