Mitchell's Case
New York Court of Common Pleas
Appeal from an order of commitment, for contempt. Mr. Mitchell was an attorney and counsellor-at-law, and was, as such, retained by, and acting for, one McKechnie, who was the defendant in an action brought by J. H. McCunn and J. Moncrief, in the Court of Common Pleas for the city and county of ¡New York, to recover from McKechnie the possession of a certain lot of land in that city.
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Appeal from an order of commitment, for contempt. Mr. Mitchell was an attorney and counsellor-at-law, and was, as such, retained by, and acting for, one McKechnie, who was the defendant in an action brought by J. H. McCunn and J. Moncrief, in the Court of Common Pleas for the city and county of ¡New York, to recover from McKechnie the possession of a certain lot of land in that city. Upon the trial of that action before his honor Judge Brady, one Bettz was examined as a witness for the defendant, and upon examination testified that he, Bettz, claimed the title to the land, that the defendant…
1Opinion of the Court
By the Court.—Daly, F. J.
—I was of opinion, upon the argument, that this appeal should be dismissed upon the ground that an order made by a judge of a court of record in the course of a trial, committing a person for a contempt in open court, was an exercise of discretion which ought not to be reviewed by an appellate tribunal; but as Yates a. The People (6 Johns., 337) was relied upon as an authority to the contrary, our decision was reserved for a more careful" consideration of the question.
Governor Clinton, who gave the only opinion on the part of the majority of the Court of Errors, upon…
2Cases cited12 opinions
- Ex Parte KearneySupreme Court of the United States · 1822
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Yates v. PeopleNew York Supreme Court · 1810
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- State v. TiptonIndiana Supreme Court · 1822
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3Cited by16 opinions
- Brown v. United StatesSupreme Court of the United States · 1928
- Jones v. . ReillyNew York Court of Appeals · 1903
- Edison Electric Light Co. v. United States Electric Lighting Co.U.S. Circuit Court for the District of Southern New York · 1890
- Booren v. McWilliamsNorth Dakota Supreme Court · 1914
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
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