Legal Opinion

Mahoney v. Sutphin

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

Decided November 20, 1914Published

Appeal by the defendant, Grace V. Sutphin, from an order of the County Court of Nassau county, entered in the office of the clerk of said county on the 30th day of July, 1914.

1Opinion of the Court

Jenks, P. J.:

I think that the order is appealable in so far as we may consider the power of the County Court judge to make an order of this character. (People ex rel. Platt v. Canvassers, 74 Hun, 179-188.) I think that he had such power. (Judiciary Law [Consol. Laws, chap. 30; Laws of 1909, chap. 35], § 757.) But the order in question is not final in the sense that it determines anything. It but requires that the appellant be brought up to answer for her failure to obey certain orders of the court and to be further dealt with according to law. She is called upon for explanation. She may…

2Cases cited5 opinions

  1. Greite v. HendricksNew York Supreme Court · 1893
  2. People ex rel. Platt v. RiceNew York Supreme Court · 1893
  3. Field v. WhiteAppellate Division of the Supreme Court of the State of New York · 1905
  4. New York & New Haven Railroad v. KetchumNew York Court of Appeals · 1866
  5. Siegel v. SolomonAppellate Terms of the Supreme Court of New York · 1905

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