Legal Opinion

Fromme v. Gray

New York Court of Common Pleas

Decided December 16, 1895PublishedCited by 11 opinions

Appeal from city court, general term. Action by Herman Fromme and Abraham Fromme against William E. Gray and another. From an order of the city court affirming an order adjudging defendant William E. Gray guilty of contempt of court, and fining him $2,154.13, and condemning him to close custody until he shall pay the said sum, with interest and costs, said William E. Gray appeals.

1Opinion of the CourtPryor, J.

Failing to secure satisfaction of a judgment by the ordinary processes, plaintiffs seek to enforce it by proceeding as for a contempt committed by the defendant in interposing a false answer in the action; and the question for determination is whether, for perjury in verifying a pleading, a party be guilty of contempt of court. The proceeding is obviously as a civil remedy (People v. Court of Oyer & Terminer, 101 N. Y. 245, 247, 4 N. E. 259); and it purports to go upon subdivision 2, § 14, of the Code, which denounces as a contempt “any deceit or abuse of a mandate or proceeding of the…

2Cases cited14 opinions

  1. California Artificial Stone Paving Co. v. MolitorSupreme Court of the United States · 1885
  2. People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
  3. In Re ChilesSupreme Court of the United States · 1875
  4. Verona Central Cheese Co. v. . MurtaughNew York Court of Appeals · 1872
  5. Moffat v. . HermanNew York Court of Appeals · 1889

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3Cited by11 opinions

  1. Silverman v. Seneca Realty Co.New York Supreme Court · 1934
  2. Bernheimer v. KelleherAppellate Terms of the Supreme Court of New York · 1900
  3. Dollard v. KoronskyCity of New York Municipal Court · 1908
  4. Dollard v. KoronskyNew York Supreme Court · 1910
  5. Stevens Plumbing Supply Co. v. Bi-County Plumbing & Heating Co.New York Supreme Court · 1978

6 more not listed; retrieve them via the Exa API.

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