Woolf v. Jacobs
The Superior Court of New York City
Appeal from an order. This was an appeal from an order directing an attachment to issue against the defendant for a contempt in disobeying an injunction order dated July 7, 1870, made in proceedings supplemental to an execution. The order contained the usual injunction enjoining the defendant from disposing of his property.
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Appeal from an order. This was an appeal from an order directing an attachment to issue against the defendant for a contempt in disobeying an injunction order dated July 7, 1870, made in proceedings supplemental to an execution. The order contained the usual injunction enjoining the defendant from disposing of his property. The proceedings were regularly adjourned to the 30th of August, 1870. On the 17th of August the defendant obtained an order to show cause on the 22d of August, why the judgment in the supplementary proceeding should not be vacated, and a new trial granted, with a stay of…
1Opinion of the Court
By the Court.—Monell, J.
There were sufficient facts, we think, before the Special Term to put the defendant in contempt. The allegation that the defendant’s wife had some right or interest in the real estate, conveyed by reason of her having advanced the purchase money therefor, does not affect the question. The defendant had the legal title to the property (1 R. S. 728, § 51), and there was no resulting trust in favor of his wife (Bodine v. Edwards, 10 Paige, 504; Jencks v. Alexander, 11 Id. 619 ; Garfield v. Hatmaker, 15 N. Y. R. 475).
If, therefore, the injunction was subsisting when the…
2Cases cited1 opinion
- Bodine v. EdwardsNew York Court of Chancery · 1844