Weeks v. Smith
New York Supreme Court
Application for an attachment. This action was brought by Harriet Weeks against James W. Smith and Alfred Wild, and Jerome Ryerson, sheriff of Kings county. The plaintiff at a previous day in the present September term, moved on an order to show cause containing a temporary stay till the decision of her motion, for an injunction to restrain defendants from taking certain property claimed by plaintiff.
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Application for an attachment. This action was brought by Harriet Weeks against James W. Smith and Alfred Wild, and Jerome Ryerson, sheriff of Kings county. The plaintiff at a previous day in the present September term, moved on an order to show cause containing a temporary stay till the decision of her motion, for an injunction to restrain defendants from taking certain property claimed by plaintiff. The sheriff had levied on that property by virtue of a judgment and execution in favor of Wild against Smith, and all the defendants claimed that Smith owned the property, and that it was liable…
1Opinion of the CourtBirdseye, J.
By 2 Revised Statutes, 278, section 10, this court has power to punish as for a criminal contempt “persons guilty of wilful disobedience of any process or order lawfully made by it.” This proceeding being criminal in its nature, the-acts constituting the alleged contempt must not only be clearly proved, but they must be a positive violation of the plain terms of the process or order of the court. The act for the commission of which punishment is invoked must be one which the court has expressly forbidden. The disobedience complained of must be “ wilful.” If the order be ambiguous or doubtful,…
2Cases cited1 opinion
- Bacon v. ReadingThe Superior Court of New York City · 1852
3Cited by8 opinions
- In re CaryDistrict Court, S.D. New York · 1882
- Howard S. Tierney, Inc. v. JamesAppellate Division of the Supreme Court of the State of New York · 1945
- Sheridan v. KennedyAppellate Division of the Supreme Court of the State of New York · 1961
- In re the Estate of BattistaNew York Surrogate's Court · 1941
- Porous Plaster Co. of Sing Sing v. SeaburyNew York Supreme Court · 1888
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