Appellate Division of the Supreme Court of New York, 1896

Devereaux v. Clifford

Devereaux v. Clifford
Appellate Division of the Supreme Court of New York · Decided December 18, 1896 · Landon
42 N.Y.S. 687 (New York Supplement)

Counsel

James F. Swanick, for appellant., Nash Rockwood, for respondents.

Devereaux v. Clifford

Opinion of the Court

LANDON, J.

The conviction for contempt was proper, but, in the absence of evidence that the defendant’s disobedience occasioned any actual loss or injury to the plaintiffs beyond the costs and expenses of this proceeding to punish him, the fine to the amount of the judgment was not authorized. Code Civ. Proc. § 2284; Coal Co. v. Hecksher, 42 Hun, 534.

Order affirmed as to the conviction, reversed as to the fine, and proceeding remitted to the special term, as in the case cited, for further order in respect to the fine, with $10 costs and disbursements to appellant. All concur.

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