Legal Opinion

In re Lieberman

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

Decided May 12, 1933Published

1Dissent

Sherman, J. (dissenting).

As stated in Eastern C. S. Co. v. B. & M. P. I. U., Local No. 45 (200 App. Div. 714, 717): “ The proper practice for reviewing an order in either a civil or a criminal contempt proceeding in a civil action is, therefore, by appeal from the order.” Here there was no appeal from the decree of the surrogate directing Springer, an executor, to pay to Lieberman the *310sum of $1,000 and costs, nor from the order of April 4, 1929, which adjudged him in contempt of court and fined him the sum of $1,096.50, theretofore directed by decree of May 18, 1928, to be paid to Lieberman;…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
  3. Bolen v. . CrosbyNew York Court of Appeals · 1872
  4. Eastern Concrete Steel Co. v. Bricklayers' & Mason Plasterers' International Union, Local No. 45Appellate Division of the Supreme Court of the State of New York · 1922
  5. In re PaleaisCourt of Appeals for the Second Circuit · 1924

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