Hommel v. Buttling
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. Buttling, as sheriff of the county of Kings, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 14th day of July, 1899, upon the decision of the court rendered after a trial before the court without a jury at the Kings County Trial Term. The facts in this case are statéd in the opinion of Goodrich, P. J.
1Opinion of the Court
Cullen, J.:
We differ from the view of the learned' presiding justice that the commitment is illegal on its face. It did not direct the imprisonment of the debtor for any period whatever after the. payment of his .line. Section 2285, Code of Civil Procedure, has no application to such a case. It provides that where the misconduct is an ¿mission to perform an act still in the power of the offender to perform, he shall be imprisoned only until he has performed it and paid the fine, and that in other cases he may be imprisoned not exceeding six months. The effect of this section is to limit the…
2Cases cited1 opinion
- People ex rel. Post v. GrantThe Superior Court of the City of New York and Buffalo · 1888
3Cited by4 opinions
- Ditomasso v. LoverroAppellate Division of the Supreme Court of the State of New York · 1934
- Snow v. ShrefflerAppellate Division of the Supreme Court of the State of New York · 1911
- Stewart v. SmithAppellate Division of the Supreme Court of the State of New York · 1919
- Ross v. RossAppellate Division of the Supreme Court of the State of New York · 1956