Legal Opinion

Village of Haverstraw v. Eckerson

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 1913Published

Appeal by the defendant, J. Esler Eckerson, from an order of the Supreme Court, made at the Eockland Special Term and entered in the office of the clerk of the county of Eockland on the 4th day of October, 1912, adjudging appellant guilty of a civil contempt of court.

1Opinion of the Court

Burr, J.:

The affidavits presented in this proceeding and the testimony taken therein clearly establish that it is within the power of defendant Eckerson to comply with the provisions of the judgment entered in the above-entitled action, requiring him to fill the excavation made upon his land to the extent prescribed by the said judgment, and that his refusal so to do is contumacious and willful. There is evidence from one of the tenants in occupation of a part of the land leased by him for brickmaking purposes, that there is nearly or quite sufficient refuse material on his land to make the…

2Cases cited4 opinions

  1. Moffat v. . HermanNew York Court of Appeals · 1889
  2. Snow v. ShrefflerAppellate Division of the Supreme Court of the State of New York · 1911
  3. The Village of Haverstraw v. . EckersonNew York Court of Appeals · 1912
  4. Village of Haverstraw v. EckersonAppellate Division of the Supreme Court of the State of New York · 1910

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