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People ex rel. Post v. Grant

3 N.Y.S. 144 Court N.Y. Sup. Ct. Decision date 1888-11-23 English

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p. 144
People ex rel. Post v. Grant, Sheriff.
(Supreme Court, General Term, First Department.
November 23,1888.)

Headnote

Appeal from special term, New York county.
Habeas corpus. John H. Post, the relator, is held under a commitment made December 80, 1887, in aid of an order declaring him guilty of contempt in failing to comply with an order giving “further directions” at the foot of a final judgment after appeal to the court of appeals. The contempt arose in the same case as that involved ini People v. Grant, ante, 148. The writ was dismissed, and relator remanded, and he appeals.
Argued before Van Brunt, P. J.;-and Bartlett and Macomber, JJ.
Noah Da/ois, for appellant. W. W. MacPa/rland, for respondent.

-It having been conceded by the appellant that the decision of the appeal from the orders forming the foundation of these proceedings pending in the court of appeals at the time of the argument of the appeal before this court would determine all the questions involved upon this appeal, and such appeals having been determined adversely to the appellant, (King v. Barnes, 16 N. E. Rep. 332 ,) the. order from which the appeal before us was taken should be affirmed, with $10 costs and disbursements.