Moffat v. . Herman
New York Court of Appeals
Appeal from an order of the General Term of the Court of Common Pleas for the city and county of Hew York, made June 7, 1886, which reversed an order of the General Term of the City Court of New York, affirming an order made at Special Term of said City Court adjudging the defendant,. George Herman, guilty of misconduct and contempt of court, and fining him $1,132.32. The alleged misconduct and contempt consisted in verifying and interposing an answer which the court found…
Read the full summary
Appeal from an order of the General Term of the Court of Common Pleas for the city and county of Hew York, made June 7, 1886, which reversed an order of the General Term of the City Court of New York, affirming an order made at Special Term of said City Court adjudging the defendant,. George Herman, guilty of misconduct and contempt of court, and fining him $1,132.32. The alleged misconduct and contempt consisted in verifying and interposing an answer which the court found to be false and untrue; and it was further found that the defendant knew it to be false at the time of the making of the…
1Opinion of the CourtParker, J.
The City Court was not called upon to nor did it pass upon the question as to whether or not the verifying and interposition of a false answer, with knowledge of its falsity on the part of an affiant, constitutes a criminal contempt punishable as provided in section 9 of the Code of Civil Procedure. It did determine that such conduct amounts to a civil contempt, within the intent and meaning of section 14 of the Code, and punishable as provided in sections 2281 and 2284.
If it be assumed that the acts complained of may, within the purview of section 14, be held to constitute a contempt,…
2Cases cited2 opinions
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Clark v. . BiningerNew York Court of Appeals · 1878
3Cited by36 opinions
- State of NY v. Unique IdeasNew York Court of Appeals · 1978
- Socialistic Co-Operative Publishing Ass'n v. KuhnNew York Court of Appeals · 1900
- Davidson v. MunseyUtah Supreme Court · 1905
- Campbell v. Motion Picture Machine OperatorsSupreme Court of Minnesota · 1922
- In re GoslinAppellate Division of the Supreme Court of the State of New York · 1904
31 more not listed; retrieve them via the Exa API.