New York Supreme Court, 1893

De Lancey v. Piepgras

New York Supreme Court · Decided December 15, 1893 · Barnard, Dykman, Pratt

80 N.Y. Sup. Ct. 610

Counsel

Geo. A. Blade, for Piepgras, appellant., Walter D. Edmonds, for the plaintiff (respondent)., John Hunter, Jr., for defendant Hunter, respondent.

Opinion of the Court

Barnard, P. J.:

Hponthe appeal from the order of July 22,1893, we came to the conclusion that a court of general jurisdiction could, by an order, enjoin a defendant from interference with the execution of regular process for the delivery of the possession of land under a judgment; that such an order would be upheld under the general provisions of *611a court, to prevent injustice. There could never be a final settlement of a dispute if, after possession was delivered under an execution, the dispossessed party could re-enter by force. A person who interferes with process is punishable by proceedings for a contempt if his acts defeat or impair the rights of another. (King v. Barnes, 113 N. Y. 476.)

The order should be affirmed, with costs and disbursements.

Pratt, J., concurred; Dykman, J., not sitting.

Order granting injunction July 22, 1893, affirmed, with costs and disbursements.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.