Legal Opinion

People ex rel. Backus v. Stone

New York Court of Chancery

Decided April 2, 1844PublishedCited by 1 opinion

This was an appeal by the defendant from an order of the vice chancellor of the eighth circuit. L. A. Spalding was convicted for a contempt, in violating an injunction upon a creditor’s bill, and was fined $3000 for the damages sustained by the complainant, by such misconduct, in addition to the costs and expenses of the proceedings.

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This was an appeal by the defendant from an order of the vice chancellor of the eighth circuit. L. A. Spalding was convicted for a contempt, in violating an injunction upon a creditor’s bill, and was fined $3000 for the damages sustained by the complainant, by such misconduct, in addition to the costs and expenses of the proceedings. A mittimus was issued upon this conviction to commit him to the common jail of the county of Niagara ; upon which he was arrested by the defendant as sheriff of that county, on the 7th of May, 1842. Spalding immediately sued out a writ of habeas corpus before the…

1Opinion of the Court

The Chancellor.

No one who looks into the papers which were before the vice chancellor can doubt, that the -whole proceedings on the part of Spalding, under the various writs of habeas corpus, were for the sole purpose of preventing the due course of justice, and to evade the process issued by the court to enforce the order of the vice chancellor. And I think there is very little room to doubt that the appellant, knowingly and intentionally, allowed himself to be used by Spalding as an instrument for that purpose ; instead of executing the process of the court and imprisoning Spaldingin the…

2Cited by1 opinion

  1. Greisner v. GreisnerNew Jersey Court of Chancery · 1916

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