Legal Opinion

Wolfe v. Knight

City of New York Municipal Court

Decided January 15, 1896PublishedCited by 2 opinions

Appeal from order adjudging the defendant guilty of contempt.

1Opinion of the CourtMcCarthy, J.

The order of September 17, 1895, which purports to adjudge the judgment debtor guilty of misconduct constituting a civil contempt omitted to declare that it had been ascertained and determined that the misconduct complained of defeated, impaired, impeded or prejudiced the rights or remedies of the party to the proceeding, and because of this alone it was fatally defective ( Wolf v. Buttner, 6 Misc. Rep. 119 ; 26 N. Y. Supp. 25) and must be reversed.

It is not enough that property is found in the hands of the judgment debtor.

Besides, the proceedings appear to have been dismissed by an order of…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Mechanics' & Traders' Bank v. LivingstonNew York Court of Common Pleas · 1893
  2. Wolf v. ButtnerNew York Court of Common Pleas · 1893

3Cited by2 opinions

  1. Ryan v. RyanAppellate Division of the Supreme Court of the State of New York · 1902
  2. People ex rel. Cowan v. HamilNew York Supreme Court · 1913

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