Legal Opinion

Brinkley v. . Brinkley

New York Court of Appeals

Decided December 19, 1871PublishedCited by 70 opinions

Appeal from an order of the General Term of the Supreme Court in the first department, affirming an order of-the Special Term, adjudging defendant in contempt, etc. This action is brought to obtain a limited divorce, under article 4 of title 1 of chapter 8 of part 2 of the Revised Statutes.

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Appeal from an order of the General Term of the Supreme Court in the first department, affirming an order of-the Special Term, adjudging defendant in contempt, etc. This action is brought to obtain a limited divorce, under article 4 of title 1 of chapter 8 of part 2 of the Revised Statutes. An order was made and entered in the action on the 8th day of March, 1871, requiring the defendant to pay to the plaintiff forthwith, upon service of the order on his attorney, the sum of $1,000, for her expenses in conducting the suit, and the sum of twenty-five dollars per week as alimony, commencing on…

1Opinion of the CourtFolger, J.

Does there an appeal tie from the order complained of, to this court ?

It is an order adjudging the defendant in contempt, and is made before final judgment in the action.

In the N. Y. and N. H. R. R. v. Ketcham (3 Keyes, 24), decided in 1866, the Special Term made an order that unless the defendants comply with certain directions therein contained, an attachment should issue against them for a violation of the injunction order theretofore made in the action. This was affirmed, on- appeal to the General Term. The General Term however, on application of the defendants, vacated its order of…

2Cases cited7 opinions

  1. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  2. Pitt v. . DavisonNew York Court of Appeals · 1867
  3. People v. SpaldingNew York Court of Chancery · 1831
  4. Adams v. . FoxNew York Court of Appeals · 1863
  5. Rogers v. PatersonNew York Court of Chancery · 1834

2 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. Hovey v. ElliottSupreme Court of the United States · 1897
  2. Doyle v. Continental InsuranceSupreme Court of the United States · 1877
  3. Brinkley v. . BrinkleyNew York Court of Appeals · 1872
  4. Brownson v. United StatesCourt of Appeals for the Eighth Circuit · 1929
  5. Walker v. . WalkerNew York Court of Appeals · 1880

65 more not listed; retrieve them via the Exa API.

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