Foster v. . Townshend
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, modifying and affirming as modified a judgment in favor of plaintiff, entered upon a decision of the court upon trial at Special Term.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, modifying and affirming as modified a judgment in favor of plaintiff, entered upon a decision of the court upon trial at Special Term. The complaint in this action alleged, in substance, and the court found, that, on November 25, 1867, in an action for a limited divorce then pending, brought by Mary Carey against her husband, an order was granted requiring defendant therein to pay alimony; that upon proof that he was secretly disposing of his property, an order was granted enjoining…
1Opinion of the CourtAllen, J.
If the appellant is in contempt for a violation of the injunction granted in the original action of Mary Carey against Thomas W. Carey, or for any act inconsistent with his relation to the court as one of its attorneys and counselors, and suitors have sustained damage, the remedy, as well as the punishment, must be by summary proceedings, and not by formal action; and the plaintiff can take nothing in the present action, by reason of the alleged contempt of the court and its orders by the parties. The plaintiff’s title is in virtue of the order of the 13th of December, 1867, which was…
2Cases cited1 opinion
- Parker v. BrowningNew York Court of Chancery · 1840
3Cited by19 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- Klasko Finance Corp. v. Belleaire Hotel Corp.New York Court of Appeals · 1931
- Favorite v. DeardorffIndiana Supreme Court · 1882
- Grosscup v. German Savings & Loan SocietyU.S. Circuit Court for the District of Oregon · 1908
- Kilarjian v. KilarjianAppellate Division of the Supreme Court of the State of New York · 1969
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