Legal Opinion

Gibbs v. Prindle

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

Decided December 8, 1896PublishedCited by 2 opinions

Appeal from special term, Saratoga county. Action by David Gibbs and another against Maria Louisa Prindle. From an order directing that certain costs awarded to defendant on an appeal from an order in proceedings by plaintiffs against defendant for contempt be set off and applied on the judgment recovered by plaintiffs against defendant, on which proceedings supplementary to execution had been instituted, in the course of which the alleged contempt arose, defendant appeals.

1Opinion of the CourtMerwin, J.

On the 1st day of February, 1895, the plaintiffs recovered a judgment against the defendant for $273.59. On the 20th August, 1895, the plaintiffs obtained an order, in proceedings supplemental to execution, for the defendant to appear, and answer concerning her property. The defendant did not appear, and it was claimed by the plaintiffs that she was in contempt. They thereupon instituted proceedings to punish her for such contempt, and, after a controversy of some length, an order was made adjudging the defendant to be in contempt, and imposing a fine. The defendant appealed to the appellate…

2Cases cited5 opinions

  1. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  2. Bevins v. AlbroNew York Supreme Court · 1895
  3. Delaney v. MillerNew York Supreme Court · 1895
  4. People ex rel. Grant v. WarnerNew York Supreme Court · 1889
  5. Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Adams v. Niagara Cycle Fittings Co.New York Supreme Court · 1902
  2. Shorwitz v. CaminezAppellate Division of the Supreme Court of the State of New York · 1913

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