Legal Opinion

People, Ex Rel. v. . Court of Oyer and Term

New York Court of Appeals

Decided January 19, 1886PublishedCited by 103 opinions

Appeal by the defendant from an order of the General Term in the first department of May, 1885, reversing an order of the Court of Oyer and Terminer of New York county, punishing the relator for a criminal contempt. The facts appear in the report of the case at General Term, in 3 N. Y. Orim. Rep. 208.

1Opinion of the CourtFinch, J.

The occasion and results of proceedings for contempt, furnish a clear and well-defined line of division separating them into two classes, which have become somewhat mingled and confused by the use of a fixed but ambiguous nomenclature. In re Watson, 4 Bans. 470. There may prove to be rare and exceptional cases which do not easily fall within either class, or some which so commingle the characteristics of both as to make their location doubtful and difficult; but in the main, the division is exhaustive and clear. In one class are grouped cases whose occasion is an injury or wrong done to a…

2Cases cited2 opinions

  1. People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
  2. Dias v. MerleNew York Court of Chancery · 1831

3Cited by103 opinions

  1. Juidice v. VailSupreme Court of the United States · 1977
  2. Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
  3. In re NevittCourt of Appeals for the Eighth Circuit · 1902
  4. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  5. Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987

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