Wilcox v. Harris
New York County Courts
Application to punish Anna Maria Harris for contempt in disobeying an order, to her directed as a third party in supplementary proceedings. It appears hy the report of the referee that upon the return of the original order, to her directed, Mrs. Harris appeared with counsel and objected that no legal service of the order had been made upon her, as the signature of the judge who granted the order had not been shown or called to her attention at the time of service..
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Application to punish Anna Maria Harris for contempt in disobeying an order, to her directed as a third party in supplementary proceedings. It appears hy the report of the referee that upon the return of the original order, to her directed, Mrs. Harris appeared with counsel and objected that no legal service of the order had been made upon her, as the signature of the judge who granted the order had not been shown or called to her attention at the time of service.. To this fact she filed her affidavit with the referee. The plaintiff filed an affidavit of the person who made the service…
1Opinion of the Court
Morgan, J. —
It seems to me hardly necessary to consider here whether the objections to the affidavit upon which this order was granted would or would not have been good if properly raised. When an order is issued by a judge having jurisdiction the person upon whom it is served has two paths to pursue, and only two, if he desires to avoid contempt of court. He must either obey it or procure it to be set aside. Even if it be erroneous he has no right to disregard it (Arctic Insurance Company agt. Hicks, 7 Abb. Pr., 204). There *264can be no doubt that the affidavit here was sufficient to give…
2Cases cited1 opinion
- Arctic Fire Insurance v. HicksNew York Supreme Court · 1858
3Cited by1 opinion
- Butler v. ChamplinAppellate Court of Illinois · 1905