Wolf v. Buttner
New York Court of Common Pleas
Appeal from city court, general term. Proceedings to punish Simon Buttner, as for a civil contempt, for disobedience of an order in proceedings supplementary to execution prosecuted on a judgment in favor of Elias Wolf and against Simon Buttner and another.
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Appeal from city court, general term. Proceedings to punish Simon Buttner, as for a civil contempt, for disobedience of an order in proceedings supplementary to execution prosecuted on a judgment in favor of Elias Wolf and against Simon Buttner and another. From an order of the general term of the city court of New York affirming an order, made on default, adjudging such judgment debtor in contempt, and also affirming an order denying his motion to vacate the order adjudging him in, contempt, Buttner appeals.
1Opinion of the CourtBischoff, J.
To authorize the imposition of a fine, and infliction of imprisonment in default of its payment, in proceedings to' punish as for a civil contempt of court, it must be ascertained and determined that the misconduct complained of defeated, impaired,, impeded, or prejudiced the right or remedy of a party to an action or special proceeding. Code Civil Proc. § 14; Cleary v. Christie, 41 Hun, 566; Fischer v. Raab, 81 N. Y. 235; Sandford v. Sandford, 40 Hun, 540. This the order of March 6, 1893, which purports to adjudge the judgment debtor and appellant guilty of mis *53conduct constituting a…
2Cases cited4 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Fischer v. . RaabNew York Court of Appeals · 1880
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Clarke v. GoodridgeNew York Court of Appeals · 1869
3Cited by5 opinions
- Blake v. BolteNew York Court of Common Pleas · 1894
- Wolfe v. KnightCity of New York Municipal Court · 1896
- Peetsch v. QuinnNew York Court of Common Pleas · 1895
- Blake v. BolteNew York Court of Common Pleas · 1895
- People ex rel. Cowan v. HamilNew York Supreme Court · 1913