Bergen v. Deering — 53 N.Y. St. Rep. 894

Majority

p. 894

Edward J. Bergen, Resp't, v. John J. Deering, App’lt.

(Supreme Court, General Term, First Department,

Filed June 30, 1893.)

Headnote

Contempt—Requirements op order.

An order adjudging a party in contempt of court which does not describe the acts committed or omitted which constituted it; does not show what he shall do or pay to purge himself, nor adjudicate that the acts done or omitted impair the rights of any party to the action, is insufficient.

Appeal from order granting motion to punish defendant for an alleged contempt of court.

James Kearney, for app’lt; Nathaniel Levy, for resp’t.

This is an from an order adjudging the defendant guilty of a civil contempt of court. The order does not describe the acts which were committed or omitted by the defendant which constituted the contempt, nor is there any adjudication that any particular acts were done or omitted which amounted to a contempt. The order does not show what the defendant shall do, or how much he shall pay, if anything, in order to purge himself from contempt, nor is it adjudicated that the acts done or omitted impair the rights of any party to the action. These three provisions are necessary parts of every order adjudging a party guilty of a civil contempt.

The order should be reversed, with ten dollars costs and disbursements.

Yan Brunt, P. J., Follett and Parker, JJ., concur.