Devereaux v. Clifford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Timothy A. Clifford, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 28th day of August, 1896, convicting the defendant of contempt of court and fining him the sum of $371.15, being the amount of the judgment recovered against him in the action, because he did not appear for examination, under an order in proceedings supplementary to execution.
1Opinion of the Court
Landon, J.:
The conviction for contempt was proper, but, in the absence of evidence that the defendant’s disobedience occasioned any actual loss or injury to the plaintiff, beyond the costs and expenses of this proceeding to punish him, the fine to the amount of the judgment was hot authorized. (Code Civ. Proc. § 2284; Fall Brook Coal Co. v, Hecksher, 42 Hun, 534.)
The order should be affirmed as to the conviction, reversed as to the fine, and the proceeding remitted to the Special Term, as in the case cited, for further order in respect to the fine, with ten dollars costs and disbursements to…
2Cited by1 opinion
- Friedman v. NewmanAppellate Terms of the Supreme Court of New York · 1904