People ex rel. Peirce v. Brice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stewart M. Brice, from' an order of the Supreme Court, made at the’ New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of April, 1901, adjudging said defendant guilty of a contempt of court, and also from an order entered in said clerk’s office on the 22d day of April, 1901, denying his motion for a reargument of the motion made to adjudge him guilty.
1Opinion of the Court
Per Curiam :.
We do not think we are warranted in disturbing any of the conclusions reached by the ■ learned judge at Special Term,, except that relating to defendant’s punishment. In addition to requiring him to pay $473.75’ to cover the expenses, the order directed further that the defendant be confined in the county jail for a period of ten days. This we do not think the court had power to do.
Section 2285 of the Code of Civil Procedure provides: “ Where the misconduct proved consists of an omission to perform an act or duty which it is yet in the power of the offender to perform, he shall…
2Cases cited2 opinions
- King v. . BarnesNew York Court of Appeals · 1889
- Fenlon v. DempseyNew York Supreme Court · 1889
3Cited by2 opinions
- Ditomasso v. LoverroAppellate Division of the Supreme Court of the State of New York · 1934
- N. A. Development Co. v. JonesCivil Court of the City of New York · 1982