Gibbs v. Prindle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Louise Prindle, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 13th day of October, 1896, directing that certain costs awarded to the defendant, upon an appeal from an order in proceedings by plaintiffs against her for contempt, be set off and applied upon the judgment recovered by the plaintiffs against the defendant, upon which proceedings…
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Appeal by the defendant, Mary Louise Prindle, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 13th day of October, 1896, directing that certain costs awarded to the defendant, upon an appeal from an order in proceedings by plaintiffs against her for contempt, be set off and applied upon the judgment recovered by the plaintiffs against the defendant, upon which proceedings supplementary to execution had been instituted, in the course of which the alleged contempt arose.
1Opinion of the Court
Merwin, J.:
On the 1st day of February, 1895, the plaintiffs recovered a judgment against the defendant for $273.59. On the 20th of 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…
2Cases cited4 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Delaney v. MillerNew York Supreme Court · 1895
- People ex rel. Grant v. WarnerNew York Supreme Court · 1889
- Gibbs v. PrindleAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Smith v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Adams v. Niagara Cycle Fittings Co.New York Supreme Court · 1902
- In re BackusAppellate Division of the Supreme Court of the State of New York · 1904
- Shorwitz v. CaminezAppellate Division of the Supreme Court of the State of New York · 1913
- Shorwitz v. CaminezAppellate Division of the Supreme Court of the State of New York · 1913