Socialistic Co-Operative Publishing Ass'n v. Kuhn
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 7, 1900, affirming an order of Special Term adjudging the appellants guilty of contempt in disobeying an order enjoining them from publishing, during the pendency of the action, a newspaper under the name The People, resembling in appearance the newspaper of the same name published by the plaintiff, and imposing a fine of $250 upon each of the…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 7, 1900, affirming an order of Special Term adjudging the appellants guilty of contempt in disobeying an order enjoining them from publishing, during the pendency of the action, a newspaper under the name The People, resembling in appearance the newspaper of the same name published by the plaintiff, and imposing a fine of $250 upon each of the appellants, and in default of payment within thirty days by any one of said appellants, directing the sheriff to commit…
1Opinion of the CourtLandon, J.
The order appealed from adjudges that the “ misconduct and contempt of said defendants was calculated to and did defeat, impair, impede and prejudice the rights and remedies of the plaintiff,” thus employing the language of section 14 of the Code of Civil Procedure defining what constitutes a civil contempt in the cases therein specified, and also of section 2266 prescribing the proceedings for its punishment. But the order does not otherwise state the actual loss or injury of the plaintiff, nor does it state any items from which the amount thereof may be computed or inferred, and in this…
2Cases cited3 opinions
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- Moffat v. . HermanNew York Court of Appeals · 1889
- Clark v. . BiningerNew York Court of Appeals · 1878
3Cited by29 opinions
- State of NY v. Unique IdeasNew York Court of Appeals · 1978
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
- Department of Housing Preservation & Development v. Deka Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Geller v. Flamount Realty Corp.New York Court of Appeals · 1932
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