Fenlon v. Dempsey
New York Supreme Court
At chambers. Action by John T. Fenlon against John Dempsey and John D. Carroll. Plaintiff moves to punish defendants fpr contempt. For former report, see 2 N. Y. Supp. 763. John McCrane and John L. Cadwalader, for plaintiff. Louis P. Levy and Abram Kling, for defendants.
1Opinion of the CourtO’Brien, J.
The evidence in this proceeding fully sustains the conclusions reached by the referee, that it has been in the power of one or both of the respondents to produce, or cause to be produced, the books as directed at any time since they disappeared. There remains, therefore, to determine whether or not, in view of the production of the books, and the payment of the costs of the proceedings, the court has the power to inflict any additional punishment, and if so what? The Munsell Case, 101 N. Y. 245, 4 N. E. Rep. 259, in construing sections 8 and 14 of the Code relating to civil and criminal…
2Cases cited2 opinions
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- Fenlon v. DempseyNew York Supreme Court · 1888
3Cited by3 opinions
- Wides v. WidesAppellate Division of the Supreme Court of the State of New York · 1983
- People ex rel. Peirce v. BriceAppellate Division of the Supreme Court of the State of New York · 1901
- De Witt v. GunnThe Superior Court of the City of New York and Buffalo · 1895