Lawrence v. Harrington
New York Supreme Court
Appeal from special term, Westchester county. Action by William E. Lawrence and James Y. Lawrence against Alvin W. Harrington. Motion by plaintiffs to punish Joseph H. Harrington and Alvin W. Harrington, Jr., for contempt, in giving an insufficient undertaking on appeal by defendant from a judgment for plaintiffs, and falsely justifying as to their responsibility. Plaintiffs appeal from an order denying the motion.
1Opinion of the CourtPratt, J.
The papers clearly established that Joseph H. and Alvin W. Harrington, Jr., sureties, swore falsely upon a justification as sureties before a notary, with an intent to deceive the court as to their responsibility. They well knew that the purpose was to stay an execution against their father, and that result was accomplished by such false swearing. The facts are too clearly proved to require discussion. It is also clear that the rights of the plaintiffs have been seriously prejudiced by such deceit and false swearing. The plaintiffs were prevented from collecting their judgment, which…
2Cases cited3 opinions
- King v. . BarnesNew York Court of Appeals · 1889
- King v. BarnesNew York Supreme Court · 1889
- Foley v. StoneNew York Supreme Court · 1890
3Cited by11 opinions
- In re GoslinAppellate Division of the Supreme Court of the State of New York · 1904
- In re HopperNew York Court of Common Pleas · 1894
- Schreiber v. GardenAppellate Division of the Supreme Court of the State of New York · 1912
- Nuccio v. PortoAppellate Division of the Supreme Court of the State of New York · 1902
- In re Westminster Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
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