Legal Opinion

Clark v. Binninger

The Superior Court of New York City

Decided February 15, 1870PublishedCited by 1 opinion

The motion is to punish the respondent, John S. Beecher, for contempt of court, in violatieg an order of injunction, and in disturbing the possession of a receiver appointed by order of this court.

1Opinion of the CourtMcCunn, J.

The respondent admits the facts constituting the contempt, but urges, in justification, an alleged authority as assignee in bankruptcy, to demand and receive possession of the property in the hands of the receiver of this court.

Thus, the single question before me is the sufficiency of the justification presented by the respondent, and the decision of that question turns on the authority of the federal court in bankruptcy to interfere with or to arrest the pro*342ceedings of a state court in the ordinary and legitimate administration of justice.

The action in this court was in the nature of a bill…

2Cases cited4 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. Diggs v. WolcottSupreme Court of the United States · 1807
  3. Clarke v. RistU.S. Circuit Court for the District of Ohio · 1844
  4. Dudley's CaseU.S. Circuit Court for the District of Eastern Pennsylvania · 1842

3Cited by1 opinion

  1. Markson v. HeaneyU.S. Circuit Court for the District of Minnesota · 1871

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