Legal Opinion

O'Rourke v. Cleveland

Supreme Court of New Jersey

Decided June 15, 1892PublishedCited by 2 opinions

On appeal from an order advised by Vice-Chancellor Pitney, as follows: This matter being opened to the court, in the presence of Bedle, Muirheid, McGee & Bedle, Jr., the counsel with the complainant, and Albert P. Condit and John W. Taylor, esquires, for defendant, and it appearing that an order was entered in this cause on the 15th day of October last requiring the defendant to show cause on the 26th day of October last why he should not be adjudged guilty of contempt, and…

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On appeal from an order advised by Vice-Chancellor Pitney, as follows: This matter being opened to the court, in the presence of Bedle, Muirheid, McGee & Bedle, Jr., the counsel with the complainant, and Albert P. Condit and John W. Taylor, esquires, for defendant, and it appearing that an order was entered in this cause on the 15th day of October last requiring the defendant to show cause on the 26th day of October last why he should not be adjudged guilty of contempt, and suitably punished by commitment to the common jail of Essex county, or otherwise, as for a contempt of this court in…

1Opinion of the Court

The opinion of the court was delivered by

Reed, J.

O’Rourke had been enjoined by the court of chancery from blasting rocks by the use of explosives in such manner as to throw stones or dirt on the land of Cleveland. A petition was filed in behalf of Cleveland charging O’Rourke with violating this injunction. Upon the hearing, on the return of this petition, it was decreed that O’Rourke had been guilty of violating the decree of the court, and he was adjudged in contempt. It was *579decreed that he pay the costs of the complainant in the contempt proceeding, also a counsel fee of $250, and that…

2Cases cited2 opinions

  1. Clark v. . BarnesNew York Court of Appeals · 1879
  2. Doubleday v. ShermanU.S. Circuit Court for the District of Southern New York · 1870

3Cited by2 opinions

  1. Schwartz v. SchwartzNew Jersey Superior Court Appellate Division · 1961
  2. In Re HaydenNew Jersey Court of Chancery · 1927

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