Pitt v. Davison
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where an order of the special term-, denying the defendant's motion to set aside a previous order, adjudging him guilty of a contempt of court, and committing him therefor, had been reversed, and the defendant discharged from imprisonment under the attachment. (Reported below, 37 Barb. 97; and at special term, 12 Abb.
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Appeal from the general term of the Supreme Court, in the first district, where an order of the special term-, denying the defendant's motion to set aside a previous order, adjudging him guilty of a contempt of court, and committing him therefor, had been reversed, and the defendant discharged from imprisonment under the attachment. (Reported below, 37 Barb. 97; and at special term, 12 Abb. Pr. 385.) This was an action by Charles Pitt and William Pitt against Erastus Davison and others, for the specific performance of a contract, by which Joseph Davison agreed to convey certain premises to…
1Opinion of the CourtParker, J.
(after stating the facts.)—Was there any such irregularity or defect in the granting of the order under which the defendant was arrested and imprisoned, as to require that it be set aside? By the 1st section of title 13, chap. 8, part 3, of the revised statutes, entitled, “ Of proceedings as for contempts to enforce civil remedies, and to protect the rights of parties in civil actions” (2 R. S. 534, 1st ed.), provision is made, that every court of record shall have power to punish by fine and imprisonment, or either,, parties to suits and others, for disobedience to any lawful order, decree…
2Cases cited5 opinions
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
- Stafford v. BrownNew York Court of Chancery · 1834
- Watson v. FitzsimmonsThe Superior Court of New York City · 1855
- Brown v. AndrewsNew York Supreme Court · 1847
- Crawford v. KellyThe Superior Court of New York City · 1863