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Akroyd v. Klug

1 Sarat. Ch. Sent. 39 Court Saratoga Ch. Ct. Decision date 1841-05-04 English

Contents

Majority

p. 1062
Jonathan Akroyd et al. v. Christian Klug.

Headnote

Contempt—Election.—Objection that a party in contempt only available when he applies for a favor—Application to compel complainant
p. 1063
to elect in which court he will proceed, a matter of right.
Graham, Noyes & Martin for complainants.
Hawks & Scoville for defendant.

Decided in this case that an objection that the defendant is in contempt is not a sufficient answer to an application that the complainant elect whether he will proceed in this court or in a court of law for the same cause. That it is only when the party in contempt applies for a favor that such an objection is available. But that the granting an application that the complainant elect is a matter of right, and not of mere favor. Order of reference as to identity of causes of action, and for an attachment against defendant.