Marson v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Rochester, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 4th day of December, 1905, appointing a referee to take the evidence and report to the court respecting the. alleged violation of an injunction by the defendant, such order having been .made upon the return of an order directing the defendant to show cause why it should not be punished for…
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Appeal by the defendant, The City of Rochester, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 4th day of December, 1905, appointing a referee to take the evidence and report to the court respecting the. alleged violation of an injunction by the defendant, such order having been .made upon the return of an order directing the defendant to show cause why it should not be punished for contempt, for having, as alleged, violated such injunction. • ■ An action was commenced in the Supreme- Court on the…
1Opinion of the Court
McLennan, P. J. :
The principal contention on the part of the appellant is that in no event can a municipal corporation be punished for contempt. If so, then clearly it was error to make the order appealed from, because the evidence elicited pursuant thereto could not change the result.
It is elementary that it would be an abuse of discretion to send issues of fact to a referee to take evidence and report to the court, if the evidence thus taken, whatever its character, could not affect the rights of the parties. If the motion to punish the .defendant for contempt depends in any degree upon the…
2Cases cited1 opinion
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
3Cited by2 opinions
- Inglese v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Anderson & Lind Manufacturing Co. v. Carpenters' District CouncilAppellate Court of Illinois · 1922