Dias v. Merle
New York Court of Chancery
This was an application to punish the complainant as for a contempt, committed by him in the master’s office ; and also to obtain a special order to protect the rights of the defendant in future. Both parties were directed to deposit certain books, in the. possession, with a master; with liberty the adverse parties to inspect and take extracts from such parts thereof as related to partnership transactions.
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This was an application to punish the complainant as for a contempt, committed by him in the master’s office ; and also to obtain a special order to protect the rights of the defendant in future. Both parties were directed to deposit certain books, in the. possession, with a master; with liberty the adverse parties to inspect and take extracts from such parts thereof as related to partnership transactions. Certain books of the defendant Merle were deposited with the master, with particular parts thereof, which did not relate to the matters in which Dias was interested, sealed up in the usual…
1Opinion of the Court
The Chancellor.
There can be no doubt that the misconduct of the complainant in breaking open the parts of the books which were sealed up in the master’s office, was, at common law, punishable as a contempt. (Burrow’s case, 8 Ves. 535, Bateman v. Conway, 5 Bro. P. C. 84.) Upon my first examination of the revised statutes, I was inclined to think that the section which defines criminal con-tempts, (2 R. S. 278, § 10.) had deprived the court of the power of punishing the improper conduct complained of here. But on further examination, I am satisfied this case is provided for, in the second and…
2Cited by7 opinions
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- In re CaryDistrict Court, S.D. New York · 1882
- Pynchon v. DayIllinois Supreme Court · 1886
- Indianapolis Water Co. v. American Strawboard Co.U.S. Circuit Court for the District of Indiana · 1896
- Brevoort v. WarnerNew York Supreme Court · 1853
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