Stewart v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julia Stewart, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 3d day of July, 1918, affirming a judgment of the Municipal Court of the County of New York, Borough of Manhattan, Eighth District, dismissing the complaint in an action brought against the sheriff for an escape.
1Opinion of the Court
Shearn, J.:
This appeal presents the question whether a judgment debtor, upon whom has been imposed a fine exceeding $250 and equal to the amount of the creditor’s judgment, which fine was levied by way of indemnity for actual loss adjudged to have been sustained through the refusal by the judgment debtor to appear pursuant to an order for examination in supplementary proceedings, may be imprisoned for more than six months, or, in the event that the fine be not paid, may be imprisoned indefinitely.
The plaintiff obtained a judgment against one Anna E. Clarke for $534.41, and upon the failure of…
2Cases cited1 opinion
- Hommel v. ButtlingAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
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- People ex rel. Valenti v. McCloskeyNew York Court of Appeals · 1959
- Wides v. WidesAppellate Division of the Supreme Court of the State of New York · 1983
- Bennett Bros. v. Floyd Bennett Farmers Market Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- People ex rel. Feldman v. Warden on New York City Correctional Institute for WomenAppellate Division of the Supreme Court of the State of New York · 1974