Legal Opinion

In re the Contempt Proceedings against Cleary

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

Decided February 3, 1933PublishedCited by 8 opinions

1Opinion of the CourtMartin, J.

James C. Cleary, who has been a member of the bar of the State of New York for more than twenty-five years, appeared as a witness at the trial of an action in the Supreme Court, New York county. During the trial a controversy arose between the court and the witness, with the result that the witness was held for contempt of court and fined $250, for which the clerk issued a receipt, the fine having been paid under protest.

By an order to show cause, the appellant moved for an order directing that the money paid by him as a fine be returned, upon the grounds that it was paid under protest, and…

2Cases cited3 opinions

  1. People Ex Rel. Barnes v. . Court of SessionsNew York Court of Appeals · 1895
  2. Tri-State Investors Corp. v. KitchingAppellate Division of the Supreme Court of the State of New York · 1930
  3. Tri-State Investors Corp. v. KitchingNew York Court of Appeals · 1931

3Cited by8 opinions

  1. Loeber v. TeresiAppellate Division of the Supreme Court of the State of New York · 1998
  2. Berkon v. MahoneyNew York Supreme Court · 1943
  3. Morris Cramer Bowling, Ltd. v. CramerAppellate Division of the Supreme Court of the State of New York · 1972
  4. Lynch v. DerounianAppellate Division of the Supreme Court of the State of New York · 1973
  5. Solano v. MartinAppellate Division of the Supreme Court of the State of New York · 1976

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