Simmonds v. Simmons — 75 N.Y. 612

Majority

p. 612

Mary L. Simmonds, Appellant, v. Edwin Simmons, Thomas M. Tyng, Respondent.

Headnote

4n order refusing to punish an alleged contempt in disobeying an injunction is not appealable to this court.

(Argued December 10, 1878;

decided December 17, 1878.)

This ivas an appeal from an order of General Term reversing. an order of Special Term which adjudged the respondent Thomas M. Tyng, who was attorney for defendant, guilty of contempt in violating an injunction order herein, and punishing him therefor. Held, as above, the court citing Button v. Davis ( 64 N. Y., 633 ); Boner// Savings Bank v. Richards (63 id.’, 631) : Batter man v. Finn (40 id., 340).

p. 613

Daniel Daly for appellant.

Morris A. Tyng for respondent.

opinion for dismissal of appeal. All concur.

Appeal dismissed.