Jewelers' Mercantile Agency v. Rothschild
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1896, modifying and affirming, as modified, a final order of the Special Term, which declared defendants guilty of contempt in disobeying the judgment in the action, and imposed upon them a fine of $2,708.08, a two months’ term of imprisonment and costs.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1896, modifying and affirming, as modified, a final order of the Special Term, which declared defendants guilty of contempt in disobeying the judgment in the action, and imposed upon them a fine of $2,708.08, a two months’ term of imprisonment and costs. The Appellate Division struck out the direction for imprisonment and affirmed the judgment as so modified. The order which the defendants seek to review is not appealable to this court. (Const, art. 6, § 9; Code Civ. Pro. §§…
1Opinion of the Court
Parker, Ch. J.
The defendants have given notice of appeal, as of right, to this court from an order of the Appellate Division, first department, so far as it affirms the final order of the Special Term.
Such an appeal cannot be taken unless the order complained of finally determines the action or special proceeding. (Const, art. YI, sec. 9; Code Civ. Pro. § 190.) It is not an order finally determining an action. That result was accomplished by a final judgment entered long ago, from which no appeal was taken. The complaint here is that the defendants have failed to obey such judgment and this…
2Cases cited1 opinion
- Pitt v. . DavisonNew York Court of Appeals · 1867
3Cited by17 opinions
- Turner v. . WoolworthNew York Court of Appeals · 1917
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
- Robinson v. RobinsonNew York Supreme Court · 1924
- Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.New York Court of Appeals · 1910
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