Wolfe v. Knight
William L. Wolfe v. George M. Knight
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
McCarthy, J.
The order of September 17, 1895, which purports to adjudge the judgment debtor guilty of misconduct constituting a civil contempt omitted to declare that it had been ascertained and determined that the misconduct complained of defeated, impaired, impeded or prejudiced the rights or remedies of the party to the proceeding, and because of this alone it was fatally defective ( Wolf v. Buttner, 6 Misc. Rep. 119 ; 26 N. Y. Supp. 25 ) and must be reversed.
It is not enough that property is found in the hands of the judgment debtor.
Besides, the proceedings appear to have been dismissed by an order of Justice Conlan and in proper form.
If there was any irregularity in the mode of dismissal, plaintiff could only take advantage of it by application to set it aside and revive the proceedings. Without such the court had no jurisdiction and could not punish the defendant.
Order is, therefore, reversed, vacated and set aside, with costs.
Fitzsimons, J., concurs.
Order reversed, with costs.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.