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Wolfe v. Knight

William L. Wolfe v. George M. Knight

Wolfe v. Knight, 15 Misc. 438 (1896)
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Court
City of New York Municipal Court · State Trial Courts
Decided
January 15, 1896
Judges
McCarthy
Citations
15 Misc. 43837 N.Y.S. 21072 N.Y. St. Rep. 790
Headnotes
Contempt—Contents of obdeb. An order adjudging a party guilty of a civil contempt which omits to state that it had been determined that the misconduct defeated, impaired, impeded or prejudiced the rights or remedies of the other party to the proceeding is fatally defective.
Summary
Appeal from order adjudging the defendant guilty of contempt.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McCarthy

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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.

1902: 11913: 119022026peak 1902 · 1

Relies on it most ⓘ

  1. People ex rel. Cowan v. Hamil145 N.Y.S. 400 (N.Y. Sup. Ct. 1913)
  2. Ryan v. Ryan73 A.D. 137 (1902)

Most recent

  1. People ex rel. Cowan v. Hamil145 N.Y.S. 400 (N.Y. Sup. Ct. 1913)
  2. Ryan v. Ryan73 A.D. 137 (1902)

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.

Authorities cited 2

DepthCaseCited by
Mechanics' & Traders' Bank v. Livingston, 26 N.Y.S. 25 (1893) 9
Wolf v. Buttner, 26 N.Y.S. 52 (1893) 5

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