People ex rel. Bishop v. Bishop
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James C. Bishop, appearing specially, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of May, 1918, resettling a prior order and adjudging respondent guilty of criminal contempt in willfully disobeying a writ of habeas corpus, with notice of an intention to bring up for review an order entered in said clerk’s office on the 21st day of January, 1918,…
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Appeal by the defendant, James C. Bishop, appearing specially, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of May, 1918, resettling a prior order and adjudging respondent guilty of criminal contempt in willfully disobeying a writ of habeas corpus, with notice of an intention to bring up for review an order entered in said clerk’s office on the 21st day of January, 1918, denying appellant’s motion to vacate the service of the writ herein.
1Opinion of the Court
Shearn, J.:
The order appealed from is one granted ex parte, from which no appeal lies. (Stewart v. Stewart, 127 App. Div. 672; Belfer v. Ludlow, 144 id. 746; Moore v. American Molasses Co., 179 id. 505.) The proper practice for the appellant to pursue is to move to vacate the order adjudging him in contempt, and, if the motion is denied, an appeal would lie from the order entered upon the decision of such motion. As there is a serious jurisdictional point involved, in order to prevent further fruitless appeals, the matter having been twice before this court (182 App. Div. 918, 922), it seems…
2Cases cited1 opinion
- Stewart v. StewartAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- People ex rel. Kniffin v. KnightNew York Supreme Court · 1945
- In re the Appointment of a Committee of the Person & Property of ConklinAppellate Division of the Supreme Court of the State of New York · 1958