Schmohl v. Phillips
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. Schmohl, from an order of "the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of March, 1910, denying the plaintiff’s motion to punish the defendant for contempt.
1Opinion of the Court
McLaughlin, J. :
Plaintiff leased to the defendant a parcel of land in the city of New York to be used as a tennis court and skating rink. Instead of using it for that purpose the 'defendant used it to store dirt, rocks and rubbish, and the action was brought to restrain him from so using it' and to compel "him to remove the materials placed thereon. Plaintiff had a judgment which provided, among other things, as follows: It is “ furthey ordered, adjudged .'and decreed that the defendant forthwith remove the dirt, rocks and rubbish placed by him upon the said lots and rebuild the fence and…
2Cases cited1 opinion
- In re the Judicial Settlement of the Final Account of StrongAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by13 opinions
- In re HildrethAppellate Division of the Supreme Court of the State of New York · 1967
- In re the Estate of CookeNew York Surrogate's Court · 1933
- In re the Estate of GarrityNew York Surrogate's Court · 1933
- Walters v. ReinhoudtNew York Supreme Court · 1927
- In re the Estate of KananackNew York Surrogate's Court · 1935
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