Newell v. Cutler
New York Supreme Court
Appeal by the defendant Cutler from an order made by the county judge of Erie county, in proceedings supplementary to execution, adjudging the defendant to be guilty of a contempt, in violating an injunction clause contained in a former order restraining him from disposing of or “ interfering with any property, money, things in action, or equitable interest belonging to him, and not exempt from levy and sale on execution.”
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Appeal by the defendant Cutler from an order made by the county judge of Erie county, in proceedings supplementary to execution, adjudging the defendant to be guilty of a contempt, in violating an injunction clause contained in a former order restraining him from disposing of or “ interfering with any property, money, things in action, or equitable interest belonging to him, and not exempt from levy and sale on execution.” The defendant was adjudged guilty of contempt and fined fifteen dollars and committed until it should be paid. The defendant paid the fifteen dollars and then brought this…
1Opinion of the Court
Hardin, J.:
The respondent urges, by way of a preliminary objection, that-the order is not appealable. Section 1342 of the Code of Civil Procedure provides, viz.: “An appeal may also be taken to the Supreme Court from an order affecting a substantial right made-by the court or a judge in an action brought in a court specified in the last section but one.” The court named in section 1340 is a county court, and the expression in section 1342 quoted includes a “judge” of that court.
The order was, therefore, made by a judge from which an appeal may be taken. It remains to inquire whether the…
2Cases cited2 opinions
- Pitt v. . DavisonNew York Court of Appeals · 1867
- Billings v. CarverNew York Supreme Court · 1868