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Moffatt v. Herman

17 Abb. N. Cas. 107 Court N.Y.C.P. English

Contents
p. 107
MOFFATT v. HERMAN.
(Reversing ante, p. 62).
N. Y. Common Pleas; General Term,
March, 1886.

Headnote

Contempt ; pen,jury in answer.
The decision of the City Court of New York, that the interposition of a verified answer, known by the defendant to be false, was punishable as a contempt,—reversed.
Appeal from a judgment of the general term of the city court of New York,[2] affirming an order of the special term, reported, ante, p. 62, adjudging defend
p. 108
ant in contempt in serving a verified answer which he knew to be false, to obtain sufficient delay to enable him to place his property beyond plaintiff’s reach, and defeat the subsequent collection of the judgment, and fining defendant the full amount of the judgment and costs, and committing him until payment.
M. L. Townsend, for the defendant, appellant.[2]
William J. Fanning, for the plaintiff, respondent.
The court of common pleas[3] reversed the judgment of the city court without opinion.