Siegel v. Solomon
Appellate Terms of the Supreme Court of New York
Appeal from City, Court of New York, Special Term. Proceedings by Moses I. Siegel and another against Oscar L. Solomon, in which there was an order directing the examination of Morris W. Solomon. From an order directing that unless said Morris W. Solomon submit to an examination a commitment would issue for contempt of court, he appeals. Dismissed.
1Per curiam
This appeal is premature. The order is not final, but merely interlocutory and conditional. It does not adjudge the appellant guilty of contempt, and for lack of proper adjudication it is obvious that no commitment can issue upon it. Before the appellant can be committed, another order must be made, and from that an appeal will lie. Non constat that on an application for such an order something may appear to the court which will cause it to withhold the order. Brinkley v. Brinkley, 47 N. Y. 40; Greite v. Hendricks (Sup.) 24 N. Y. Supp. 546.
The appeal must be dismissed, with $10 costs and…
2Cases cited2 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Greite v. HendricksNew York Supreme Court · 1893
3Cited by1 opinion
- Mahoney v. SutphinAppellate Division of the Supreme Court of the State of New York · 1914