Daly v. . Amberg
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 3,1891, which modified, and as modified affirmed, an order of Special Term adjudging appellants guilty of contempt. The facts, so far as material, are stated in the opinion. As to the appellants, not parties to the action, the injunction or stay was not operative at the time of the service of the papers upon them. (Code Civ.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 3,1891, which modified, and as modified affirmed, an order of Special Term adjudging appellants guilty of contempt. The facts, so far as material, are stated in the opinion. As to the appellants, not parties to the action, the injunction or stay was not operative at the time of the service of the papers upon them. (Code Civ. Pro. §§ 99, 127, 220, 416, 435, 620; Leffingwell v. Chave, 19 How. Pr. 54; People ex rel. v. Dwyer, 90 N. Y. 402.) The injunction only issues against the party to an…
1Opinion of the Court
O’Bbieít, J.
The Supreme Court made an order in this action adjudging that Schoenberg, Winterfeld and Walther were guilty of contempt in disobeying an injunction granted in the action by a • judge of tlie court. The General Term has affirmed the order, and upon appeal to this court we are asked to reverse it for various reasons, but one of which it is necessary to consider. It has been found by the court below that the appellants did disobey the order, and that such disobedience defeated, impaired, impeded and prejudiced the rights and remedies of the plaintiff. The proof upon all the…
2Cases cited3 opinions
- The People v. . SturtevantNew York Court of Appeals · 1853
- Koehler v. Farmers' & Drovers' National BankNew York Supreme Court · 1889
- Leffingwell v. ChaveThe Superior Court of New York City · 1860
3Cited by31 opinions
- People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Bigelow v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1908
- Rigas v. . LivingstonNew York Court of Appeals · 1904
- Schram v. KeaneNew York Court of Appeals · 1938
26 more not listed; retrieve them via the Exa API.