People ex rel. Larocque v. Murphy
New York Court of Common Pleas
Appeal by tlie relator from an order at Special Term, vacating an order made by Hilton, J., November 19, 1863, adjudging the respondent Murphy guilty of a contempt; and also vacating and setting aside all proceedings subsequent to such order.
Read the full summary
Appeal by tlie relator from an order at Special Term, vacating an order made by Hilton, J., November 19, 1863, adjudging the respondent Murphy guilty of a contempt; and also vacating and setting aside all proceedings subsequent to such order. The relator, having brought an action, against the respondent, to perpetually enjoin him from keeping or sawing marble on the street, opposite to the relator's dwelling house, No. 29 West Thirtieth street, in the city of New York, and praying that the relator might be quieted in the possession and enjoyment of his house, &c., obtained a preliminary…
1Opinion of the Court
By the Court.
Daly, F. J.
When the misconduct is not committed in the presence of the Court, the statute requires due proof by affidavit of the facts charged. This is requisite to give the Court jurisdiction to act in the matter .of a contempt alleged to have been committed out of its presence ; and without this, a court has no authority to order a party to he arrested and brought before it, and to adjudge upon the matter of the alleged contempt. This was .the law before, the Revised Statutes were passed, and upon a principle as old as the reign of Edward III., that no man could be deprived of…
2Cases cited1 opinion
- Borden v. FitchNew York Supreme Court · 1818
3Cited by4 opinions
- Charles Cushman Co. v. MackesySupreme Judicial Court of Maine · 1938
- Ex Parte LandryCourt of Criminal Appeals of Texas · 1912
- Hynes v. McCreeryNew York Surrogate's Court · 1882
- Morrison v. MorrisonNew York Supreme Court · 1879