Legal Opinion

Ross v. La Cagnina

New York Supreme Court

Decided August 15, 1910PublishedCited by 6 opinions

Appeal by judgment debtor from an order of the City Court of the city of Few York, in proceedings supplementary to execution, adjudging judgment debtor in contempt of court for failing to appear for examination, and imposing a fine equal to the amount of the judgment against him.

1Opinion of the CourtSeabury, J.

The judgment debtor failed to appear for examination upon the return of an order in proceedings supplementary to execution, and his default was duly noted. ■ A motion was then made to punish him for contempt for his disobedience to said order. This motion was granted and the judgment debtor was adjudged in contempt and fined $339.39, the amount of the judgment recovered against him.

For such disobedience the debtor was liable to punishment for contempt. The maximum fine which could be imposed upon him as a punishment for such contempt, where no actual loss or injury was shown, was $250 and…

2Cases cited6 opinions

  1. Moffat v. . HermanNew York Court of Appeals · 1889
  2. Clark v. . BiningerNew York Court of Appeals · 1878
  3. First Nat. Bank v. FitzpatrickNew York Supreme Court · 1894
  4. Dailey v. FentonAppellate Division of the Supreme Court of the State of New York · 1900
  5. Luedeke v. CoursenCity of New York Municipal Court · 1893

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3Cited by6 opinions

  1. Samuels v. GanzNew York Supreme Court · 1940
  2. Slackman v. KaufmanNew York Supreme Court · 1916
  3. Goldsmiths & Silversmiths Co. v. HaasAppellate Terms of the Supreme Court of New York · 1912
  4. Roos v. TreubigAppellate Terms of the Supreme Court of New York · 1910
  5. Eigenmacht v. HerterAppellate Terms of the Supreme Court of New York · 1911

1 more not listed; retrieve them via the Exa API.

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