Legal Opinion

Devlin v. . Hinman

New York Court of Appeals

Decided November 28, 1899PublishedCited by 21 opinions

Appeal, by permission,. from- an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 4,1899, reversing an order made at Special Term denying plaintiff’s motion to strike out defendant’s answer as for an alleged contempt and remitting the application to the Special Term for further hearing. The question certified for review is stated in the opinion.

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Appeal, by permission,. from- an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 4,1899, reversing an order made at Special Term denying plaintiff’s motion to strike out defendant’s answer as for an alleged contempt and remitting the application to the Special Term for further hearing. The question certified for review is stated in the opinion. The defendant’s liability to repay or to deposit the money is wholly contractual. (Haebler v. Myers, 132 N. Y. 363 ; Forstman v. Schulting, 42 Hun, 643 ; Freem. on Judg. § 4 ; G. P. & R. M. Co. v.…

1Opinion of the Court

Per Guriam.

The learned Appellate Division gave the defendant leave to appeal to this court from its order of reversal, and certified that “ the following question of law * * * ought to be reviewed by the Court of Appeals: * * * ‘Is a party to an action punishable as for a contempt by commitment or by striking out her answer, or by both, for failure to comply with an order of restitution directing her to restore^ by payment to the county treasurer, money obtained by her from the depository of the court, under and by virtue of a judgment previously rendered in her favor and thereafter reversed…

2Cited by21 opinions

  1. Williams v. . BarkleyNew York Court of Appeals · 1900
  2. Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
  3. Harris v. . ElliottNew York Court of Appeals · 1900
  4. Waldo v. . SchmidtNew York Court of Appeals · 1910
  5. Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981

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