People ex rel. Kelly v. Aitken

Pratt, J.:

This is an appeal from an order adjudging appellant guilty of a criminal contempt, and imposing on him a fine of $150, for willfully disobeying a peremptory writ of mandamus directed to. *328the common council of the city of Brooklyn, of which appellant was 'a member, commanding them, forthwith, to order a special election to fill the vacancy caused by the acceptance, by one of the members, of the office of representative in Congress. The contempt proceedings were instituted pursuant to subdivision 3 of section 8 of the Code of Civil Procedure, which gives a Court of Record power to…