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Livingston v. Fitzgerald

2 Barb. 396 Court Same Term. Decision date 1848-01-31 English

Delivered by *397 Edmonds, J.

Contents

Majority

p. 396
Same Term.
Before the same Justice. .
Livingston vs. Fitzgerald.

Headnote

The act of November 22d, 1847, forbidding the imprisonment of any person for interlocutory costs, does not apply to thdse cases of contempt where a party may be fined for any misconduct productive of an actual loss or injury to the other party.
In Equity. This was a motion for an attachment against the defendant for not appearing before a referee and - -uking an assignment to a receiver, and for not paying the costs growing out of his previous default in thé case.
W. C. Schuyler, for the plaintiff

The act of November 22d, 1847, forbidding the imprisonment of any person for interlocutory costs, (Laws of 1847, p. 491, § 2,) does not apply to those cases of contempt where a party may be fined for any misconduct productive of an actual loss or injury to the other party. A fine of $20 must be imposed and an attachment awarded.