People ex rel. Choate v. Barrett

121 N.Y. 678 Court N.Y. Decision date 1890-05-09 English

Judges All concur except Earl and Pinch, JJ., who dissent upon the ground that the misconduct of the appellant was not within “the immediate view and presence of the court,” as stated in the Code of Civil Procedure.

Majority

p. 678

The People ex rel. Dilworth Choate, Appellant, v. George C. Barrett, a Justice, etc., and the Court of Oyer and Terminer for the City and County of New York, Respondent.

(Submitted April 28, 1890;

decided May 9, 1890.)

Headnote

Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 22, 1890, which affirmed the proceedings, findings and order of the Court of Oyer and Terminer adjudging the relator guilty o£ criminal contempt, and imposing punishment therefor.

' F. B. Goudert and Albert Beynaud for appellant.

John B. Fellows for respondent.

Agree to affirm; no opinion.

All concur except Earl and Pinch, JJ., who dissent upon the ground that the misconduct of the appellant was not within “the immediate view and presence of the court,” as stated in the Code of Civil Procedure.

Order affirmed.