James v. Powell

Stevens, J. (dissenting).

I dissent, vote to entertain the appeal and would modify as hereinafter indicated.

This appeal is from an order entered November 30, 1966, which denied defendant’s motion to vacate an ex parte order of commitment dated November 28, 1966.

Appellant urges the order of commitment is void on its face because it fails to set forth the particular circumstances of the offenses for which the arrest and imprisonment of the judgment debtor for two criminal contempts pursuant to section 750 of the Judiciary Law has been ordered; that to the extent such order provides for the…