Legal Opinion

Balch v. City of Utica

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 1899Published

Action by Orville Balch against the city of Utica and others. Judgment for defendants. From an order adjudging Thomas Kinney in contempt for failure to obey the judgment, he appealed.

1Per curiam

Order appealed from reversed, upon the ground that the judgment against the defendant Kinney, granting affirmative relief to his Co-defendants, is invalid, for reasons given on the appeal from the order denying the motion of the defendant Kinney to modify the judgment, in the opinion of Nash, J., reported in 59 N. Y. Supp. 516; $10 costs of this appeal, and disbursements, and $10 costs of motion at special term, to the appellant Kinney against the respondents city of Utica, John A. Cantwell, and Henry Stappenbeck.

2Cases cited1 opinion

  1. Balch v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899