People ex rel. Roosevelt v. Edson
The Superior Court of New York City
Appeal by respondent from an order convicting defendant of contempt in disobeying an injunction order. The injunction order was made to accompany a summons in an action brought, or about to be brought, in this court. The order was signed by a judge of the common pleas for the city and county of JSTew York.
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Appeal by respondent from an order convicting defendant of contempt in disobeying an injunction order. The injunction order was made to accompany a summons in an action brought, or about to be brought, in this court. The order was signed by a judge of the common pleas for the city and county of JSTew York. The defendant disregarded the order by doing what the terms of the order enjoined him from doing, and, in certain proceedings to punish, him for contempt, was held to be in contempt.
1Opinion of the Court
‘ Per Curiam (Sedgwick, C. J.).—
The judge of the common pleas who made the injunction order in this case had not a legal power to make it. The validity of the exercise of such a power, if it exist, must be found in some section of the Code of Civil Procedure. It will be necessary to examine only sections 277, 606 and 772. It will be expedient to examine section 772 in the first place. It occurs in title 5 with the heading “motions and orders generally.” Section 772 is headed “ what judges may make orders out of court without notice.” It proceeds to declare that where an order in an action may…
2Cases cited4 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- People Ex Rel. Ross v. . City of BrooklynNew York Court of Appeals · 1877
- Matter of MorganNew York Court of Appeals · 1874
- Wood v. KellyNew York Court of Common Pleas · 1859