O'Gara v. . Kearney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, adjudging the defendant in contempt for failure to comply with an order requiring him to make restitution, etc. The facts appear sufficiently in the opinion. The court has no power to punish for a contempt for disobedience of its directions, except when an execution cannot issue.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, adjudging the defendant in contempt for failure to comply with an order requiring him to make restitution, etc. The facts appear sufficiently in the opinion. The court has no power to punish for a contempt for disobedience of its directions, except when an execution cannot issue. (Code Civil Proc., § 14, sub. 3; 4 Wait’s Pr., 558-560; MeCullogh v. Hoffman, Supreme Court, Special Term, Barrett, J.)
1Opinion of the CourtDanforth, J.
The plaintiff commenced, an action in the Supreme Court against the defendant as administrator, and upon trial, after issue joined, the jury rendered a verdict in favor of the defendant. Upon this verdict, judgment was entered, dismissing the complaint, and for $125 costs. The costs were voluntarily paid to the defendant’s attorney. The judgment was afterwards on motion set aside on the ground that improper evidence was admitted at the trial. On the 24th of August, 1877, the plaintiff upon notice to defendant obtained an order at Special Term directing the defendant to pay to the clerk of the…
2Cases cited1 opinion
- Safford v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1828
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- Devlin v. HinmanAppellate Division of the Supreme Court of the State of New York · 1899
- Wides v. WidesAppellate Division of the Supreme Court of the State of New York · 1983
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