Legal Opinion

In re the Judicial Settlement of the Account of Ball

New York Surrogate's Court

Decided February 15, 1916PublishedCited by 3 opinions

Peoceeding upon the judicial settlement of the account of a trustee.

1Opinion of the Court

Ketcham, S.—

Upon this motion, to punish the respondent as for a contempt alleged to consist of misconduct in not obeying the directions for payment contained in a decree, there arises .this question: . ■

Where a decree directs payments to separate persons not united in interest, may one of such persons solely upon his own motion obtain process by which the decretal debtor shall be fined in a sum representing the 'amount payable under the decree to persons- other than himself ?

It is a general rule, so far imbedded in the law that it is seldom displayed in argument, that nobody shall have any…

2Cases cited3 opinions

  1. People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
  2. People v. DiedrichIllinois Supreme Court · 1892
  3. Hawley v. BennettNew York Court of Chancery · 1833

3Cited by3 opinions

  1. In re PaleaisCourt of Appeals for the Second Circuit · 1924
  2. In re LiebermanAppellate Division of the Supreme Court of the State of New York · 1933
  3. In re LiebermanAppellate Division of the Supreme Court of the State of New York · 1933

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