Harris v. . Elliott
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in thé first judicial department, made February 9, 1900, affirming an order of Special Term adjudging the plaintiff guilty of a civil contempt and imposing a fine upon him of $1,373.48, and committing him until payment, or his sooner lawful discharge, for that he refused to pay to the defendant Elizabeth C. Walker, as administratrix, $1,170.20, with interest from April 14, 1897, pursuant to a…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in thé first judicial department, made February 9, 1900, affirming an order of Special Term adjudging the plaintiff guilty of a civil contempt and imposing a fine upon him of $1,373.48, and committing him until payment, or his sooner lawful discharge, for that he refused to pay to the defendant Elizabeth C. Walker, as administratrix, $1,170.20, with interest from April 14, 1897, pursuant to a judgment which directed him to make such payment within five days after the service of a copy of the decree upon him.…
1Opinion of the CourtLandon, J.
The sole question is as to the power of the Supreme Court upon this record to enforce payment of the judgment by punishment for contempt. We assume the ^practice to be regular in form. The point of the appellant is that this judgment can be enforced by execution, and, therefore, cannot be enforced by punishment for contempt. He relies upon the provisions of the Code of Civil Procedure. The respondent relies upon such provisions, and also contends that apart from them the Supreme Court has power to punish disobedience to its judgments in proper cases, as part of its general jurisdiction in law…
2Cases cited10 opinions
- Ketchum v. . EdwardsNew York Court of Appeals · 1897
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- Sherwin v. . PeopleNew York Court of Appeals · 1885
- Devlin v. . HinmanNew York Court of Appeals · 1899
- Myers v. . BeckerNew York Court of Appeals · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Thayer v. ThayerAppellate Division of the Supreme Court of the State of New York · 1911
- Governor Clinton Co. v. KnottCourt of Appeals for the Second Circuit · 1941
- Durlacher v. DurlacherNew York Supreme Court · 1940
- Coffin v. CoffinAppellate Division of the Supreme Court of the State of New York · 1914
- Marlee, Inc. v. BittarNew York Court of Appeals · 1931
16 more not listed; retrieve them via the Exa API.