Bachman v. . Harrington
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 11, 1905, which affirmed an order of Special Term adjudging the defendant guilty of contempt of court and punishing him therefor. The questions certified and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 11, 1905, which affirmed an order of Special Term adjudging the defendant guilty of contempt of court and punishing him therefor. The questions certified and the facts, so far as material, are stated in the opinion. The order directing the reinstatement of plaintiff into membership in the defendant’s association was void, and the first question submitted should be answered in the affirmative. (People ex rel. Johnson v. N. Y. P. Exchange, 149 N. Y. 401; Lewis…
1Opinion of the Court
Cullen, Ch. J.
The plaintiff, a member of the Eochester Musicians’ Protective Association, an unincorporated association, was suspended from his membership. Thereupon he brought this action against the defendant, as president of the association, alleging the illegality of the action of the association which resulted in his suspension and prayed judgment for a mandatory injunction ordering that he be reinstated as a member in good standing and restraining the defendant from taking further steps towards the prosecution of the plaintiff and from suspending or expelling him, and from denying to…
2Cases cited9 opinions
- In Re SawyerSupreme Court of the United States · 1888
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
- Arnold v. BrightMichigan Supreme Court · 1879
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3Cited by69 opinions
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- Yome v. GormanNew York Court of Appeals · 1926
- McCain v. KochNew York Court of Appeals · 1987
- Uniformed Firefighters Ass'n of Greater New York v. City of New YorkNew York Court of Appeals · 1992
- St. Paul Fire & Marine Insurance v. York Claims Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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