Hull v. L'Eplatinier
New York Court of Common Pleas
Appeal from an order of this court made at special term. An application was made at special term to punish one James Lee for contempt, and the court there (J. F. Daly, J.) delivered the following opinion, in which the facts are fully stated: “ In an action brought by Emeline Lee against Harmon D. Hull and Anna 0. Hull, the defendants obtained a judgment against the plaintiff for $197 costs, on April 7, 1873, in this court.
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Appeal from an order of this court made at special term. An application was made at special term to punish one James Lee for contempt, and the court there (J. F. Daly, J.) delivered the following opinion, in which the facts are fully stated: “ In an action brought by Emeline Lee against Harmon D. Hull and Anna 0. Hull, the defendants obtained a judgment against the plaintiff for $197 costs, on April 7, 1873, in this court. An appeal was taken by Emeline Lee, the plaintiff, from that judgment, and an undertaking given. Virgil L’Eplatinier, Jr., was one of the sureties in the undertaking. The…
1Opinion of the Court
Daly, Chief Justice.
The statute confers upon every court of record the power to punish by fine and imprisonment any misconduct by which the rights and remedies of the party in a cause, or matter depending in such court, may be defeated, impaired, impeded, or prejudiced, in all cases where attachments and proceedings for contempts have been usually adopted and practiced in courts of record to protect the rights of any party to a suit (2 Rev. Stat. 534, § 1, subd. 8).
The act of which Lee was guilty was misconduct of this description, and it is that species of misconduct where attachments in…
2Cited by7 opinions
- Buffalo Loan, Trust & Safe Deposit Co v. Medina Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Simon v. Aldine Publishing Co.New York Court of Common Pleas · 1887
- Buffalo Loan, Trust & Safe Deposit Co v. Medina Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Diamond v. KnoepfelCity of New York Municipal Court · 1886
- Simon v. Aldine Publishing Co.City of New York Municipal Court · 1887
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