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Smith v. McQuade

36 N.Y. St. Rep. 557 Court N.Y. Gen. Term Decision date 1891-01-16 English

Delivered by Van Brunt, P. J.

Contents

Majority

p. 557
Catherine L. Smith, Resp’t, v. Hugh McQuade, App’lt.
(Supreme Court, General Term, First Department,
Filed January 16, 1891.)

Headnote

■Contempt—Proceedings eall with reversal on order disregarded.
The order for disobeying which the contempt proceeding was initiated having been reversed, the proceeding falls with it.
Appeal from order convicting the defendant of contempt in not obeying an order to deliver certain personal property to a re•ceiver appointed in supplementary proceedings.
F. 0. Trautmann, for app’lt; B. Jones, for resp’t

The order for the disobeying of which this ■contempt proceeding was initiated having been reversed, the proceeding must necessarily fall with it.

The order should be reversed, without costs, but with the disbursements of the appeal.

Daniels and Brady, JJ., concur.