Legal Opinion

Becker v. Gerlich

New York Supreme Court

Decided May 15, 1911PublishedCited by 11 opinions

Motion to punish judgment debtor for contempt.

1Opinion of the CourtGiegerich, J.

The order to show cause upon which the motion is brought on directs that service thereof on or before the 4th day of May shall be sufficient. If the copy served upon the judgment debtor provided for service on an earlier date and one before that on which the service was actually made, the fact may have been sufficient to require the vacating of the service upon the application of the judgment debtor appearing specially for that purpose; but by appearing generally on the return day of the order and answering to the merits he must be held to have waived any such objection. So also with regard…

2Cases cited3 opinions

  1. People Ex Rel. Barnes v. . Court of SessionsNew York Court of Appeals · 1895
  2. People Ex Rel. Platt v. . RiceNew York Court of Appeals · 1894
  3. Bernheimer v. KelleherAppellate Terms of the Supreme Court of New York · 1900

3Cited by11 opinions

  1. In re the Alleged Contempt of Court of KamellNew York Court of Special Session · 1939
  2. Moynihan v. DevaneyAppellate Terms of the Supreme Court of New York · 1915
  3. Shorwitz v. CaminezAppellate Division of the Supreme Court of the State of New York · 1912
  4. Rupp v. FischerNew York Supreme Court · 1928
  5. Baum v. RosenbergAppellate Terms of the Supreme Court of New York · 1915

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