Gardner v. . Gardner
New York Court of Appeals
Appeal from so much of an order of the General Term of the Supreme Court, in the first judicial department, made May 20, 1881, as affirmed that portion of an order of Special Term, which adjudged defendant guilty of contempt for the alleged violation of a temporary injunction granted herein, and directed the defendant’s commitment until the amount of the fine imposed was paid.
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Appeal from so much of an order of the General Term of the Supreme Court, in the first judicial department, made May 20, 1881, as affirmed that portion of an order of Special Term, which adjudged defendant guilty of contempt for the alleged violation of a temporary injunction granted herein, and directed the defendant’s commitment until the amount of the fine imposed was paid. (Reported below, 24 Hun, 627.) This action was for a limited divorce on the ground of cruel treatment. It was commenced in 1878, and an injunction was obtained dated October 7, 1878, by which the defendant was…
1Per curiam
The question presented upon this appeal is whether the injunction order granted prior to the judgment was in force at the time the alleged contempt was committed. By the terms of the order it was to continue in force until the further order of the court. No provision is made in the final judgment or order entered upon the referee’s report allowing alimony continuing the injunction, nor was any reference made in said judgment to the injunction, nor was any further or other injunction granted thereby. The claim of the appellant rests upon the theory, that the injunction being unconditional and…
2Cases cited2 opinions
- Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.New York Court of Appeals · 1877
- People Ex Rel. Morris v. . RandallNew York Court of Appeals · 1878
3Cited by23 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Bachman v. . HarringtonNew York Court of Appeals · 1906
- Parker v. United StatesCourt of Appeals for the First Circuit · 1942
- Ungrich v. UngrichNew York Court of Appeals · 1911
- Sheward v. Citizens' Water Co.California Supreme Court · 1891
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