People Ex Rel. New York Society for the Prevention of Cruelty to Children v. Gilmore
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 23, 1881, which reversed an order of Special Term, adjudging the defendant guilty of contempt of court, and ordered the relator to pay to defendant the costs of appeal. (Reported below, 26 Hun, 1.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 23, 1881, which reversed an order of Special Term, adjudging the defendant guilty of contempt of court, and ordered the relator to pay to defendant the costs of appeal. (Reported below, 26 Hun, 1.) The material facts are stated in the opinion. One who, having clear knowledge that an injunction has been issued restraining him from doing a certain act, does that act notwithstanding, is punishable for contempt, although service of the injunction upon him personally had not been completed.…
1Opinion of the CourtEarl, J.
The appellant, the Hew York Society for the Prevention of Cruelty to Children, was organized under the act chapter 130 of the Laws of 1875, and by virtue of the authority conferred upon it by that act, it made complaint to the Supreme Court against one Davene for exhibiting a- little child at Gilmore’s theater in dangerous performances in violation of the act chapter 122 of the Laws of 1876, and the court issued a warrant for his arrest; The officers to whom the warrant was delivered for execution proceeded to the theater to arrest Davene where it is claimed that Gilmore obstructed them in…
2Cited by21 opinions
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- Kelly v. Montebello Park Co.Court of Appeals of Maryland · 1922
- People Ex Rel. Van Riper v. New York Catholic ProtectoryNew York Court of Appeals · 1887
- Eastern Concrete Steel Co. v. Bricklayers' & Mason Plasterers' International Union, Local No. 45Appellate Division of the Supreme Court of the State of New York · 1922
- In re the Investigation by the Regular Grand JuryAppellate Division of the Supreme Court of the State of New York · 1951
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