Rudnick v. Jacobson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiffs appeal from an order which denied a motion to punish the defendants for violating an oral decision restraining picketing in an action for an injunction. Order reversed, without costs, and matter remitted to Special Term for reconsideration. The apparent reason given by Special Term for denying the motion was that contempt proceedings do not lie for violation of an oral decision. Reliance for the denial was placed on Matter of People ex rel. Donnelly v. Miller (213 App. Div. 88). What was said in the opinion in that case as to the necessity for a written mandate was dicta. The…
2Cases cited5 opinions
- People Ex Rel. Platt v. . RiceNew York Court of Appeals · 1894
- Bartholomay Brewery Co. v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1916
- Bartholomay Brewery Company v. . O'BrienNew York Court of Appeals · 1917
- People ex rel. Donnelly v. MillerAppellate Division of the Supreme Court of the State of New York · 1925
- Miller v. SmerkinsAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by11 opinions
- Betancourt v. BoughtonAppellate Division of the Supreme Court of the State of New York · 1994
- Nisselson v. Empyrean Investment Fund, L.P. (In re MarketXT Holdings Corp.)United States Bankruptcy Court, S.D. New York · 2006
- People v. KennedyAppellate Court of Illinois · 1963
- People v. GiglioAppellate Division of the Supreme Court of the State of New York · 1980
- Wiggins v. Ithaca Journal News, Inc.Ithaca City Court · 1968
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