Billingsley v. Better Business Bureau of New York City, Inc.

The facts shown well warranted the action taken by the learned justice at Special Term. Appellant’s objection, however, is fundamental and questions the jurisdiction of the court to make the order on the ground that since he was not served with the order to show cause and affidavits and did not voluntarily appear, there was no jurisdiction of the person of plaintiff.

We think the point well taken. Proper practice to punish for a criminal contempt was laid down by the Court of Appeals in Pitt v. Davison (37 N. Y. 235). Both criminal and civil contempt proceedings may be started by either an…