Rhodes v. Linderman
New York Supreme Court
Appeal from order of Cortland county judge. Action by Dana Rhodes against R. Burns Linderman. Plaintiff moved to punish defendant for contempt in violating an injunction in proceedings supplementary to execution.
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Appeal from order of Cortland county judge. Action by Dana Rhodes against R. Burns Linderman. Plaintiff moved to punish defendant for contempt in violating an injunction in proceedings supplementary to execution. On the 9th of April, 1887, the appellant (plaintiff) obtained a judgment against the respondent (defendant) for $73.66 damages and costs before a justice of the peace of the town of Groton, Tompkins county, H. T. The summons was personally served upon the respondent. A transcript of this judgment was filed and the judgment duly docketed in the office of the clerk of the county of…
1Opinion of the CourtMartin, J.
The basis of the alleged contempt was that the respondent had refused to obey the injunction order, in that on the 18th day of February, 1891, he received from the Mutual Belief or the Boehester Mutual Insurance Company the sum of $1,500 in money, and on the same day disposed of the same by paying the whole thereof to his wife. The order appealed from should not be disturbed on the ground that the facts as found by the learned county judge were not sustained by the evidence. An examination of the appeal book shows that the evidence was sufficient to justify the findings made. Assuming the…
2Cases cited1 opinion
- Duffus v. ColeNew York Supreme Court · 1891
3Cited by2 opinions
- In re BlackAppellate Division of the Supreme Court of the State of New York · 1910
- Boon v. McGuckenNew York Supreme Court · 1893