People v. . Campbell
New York Court of Appeals
This was an appeal from the order of the General Term of the Supreme Court, of the second judicial district, affirming an order of the City Court of Brooklyn, punishing the sheriff of Kings county, hy fine, for contempt, in refusing to ohey an order, issued from that court, commanding him to arrest and imprison one Gaston, for contempt, in neglecting to pay certain sums for alimony, ordered to be paid in an action brought by the relator, his wife, for divorce.
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This was an appeal from the order of the General Term of the Supreme Court, of the second judicial district, affirming an order of the City Court of Brooklyn, punishing the sheriff of Kings county, hy fine, for contempt, in refusing to ohey an order, issued from that court, commanding him to arrest and imprison one Gaston, for contempt, in neglecting to pay certain sums for alimony, ordered to be paid in an action brought by the relator, his wife, for divorce. The sheriff was commanded, by the precept, to take the body of Gaston, and commit him to the Kings county jail, and keep him therein,…
1Opinion of the Court
If Albert G. Gaston was exempt from arrest, at the time the precept was placed in the sheriff's hands, then these proceedings must be reversed. The case of Ray and others v. Hogeboom (11 J.R., 433), decides that, where a soldier, privileged from arrest, was taken in execution by a constable, who suffered him to go at large, though the constable was not bound to take notice of the privilege of the party, yet it was a good defense, in an action for an escape, as the plaintiff, having no right to arrest, had suffered no injury.
The important question, in the case before us, is, whether Gaston was…
2Cited by5 opinions
- Patrikes v. J. C. H. Service Stations, Inc.City of New York Municipal Court · 1943
- Hunt v. JacobsonNew York Supreme Court · 1942
- Andrews v. GardinerAppellate Division of the Supreme Court of the State of New York · 1918
- Lamaster v. KeelerSupreme Court of the United States · 1887
- Seasongood v. SeasongoodOhio Court of Appeals · 1915