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Reports of Cases (Volume 181)

Reports of Cases (Volume 181)


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1905. Not illustrated. Excerpt: ... Opinion of the Court, per Vann, J. [Vol. 181. collusion or combination with them. * * * Authorities illustrating the rule might be cited to an indefinite extent, but the underlying principle in all cases of this class, on which is founded the power of the court to punish for the violation of its mandate persons not parties to the action, is that the parties so punished were acting either as agents or servants of the defendants or in combination or collusion with them, or in assertion of their rights or claims." It is further insisted in behalf of the same appellants that they cannot be lawfully punished for criminal contempt, because the injunction order was not personally served upon them. The rule upon the subject is well settled. "This court has upheld proceedings in the Supreme Court, punishing parties for contempt in violating an injunction who had knowledge of it, though not served, and also the agents and attorneys of parties having like knowledge of the granting of the order, though it was imperfectly or irregularly served." {Daly v. Amberg, 126 N. Y. 490,496, citing AMI v. JV. T., L. (& W. R. R. Co., 18 Wkly. Dig. 554; affirmed, 100 N. Y. 634; Koehler v. Farmers and Drovers' National Bank, 6 N. Y. Supp. 470; affirmed, 117 N. Y 661. See, also, People ex rel. Piatt v. Rice, 80 Hun. 437; 144 N . Y. 249; Hull v. Thomas, 3 Edw. Ch. 236; People ex rel. Morrison v. Broicer, 4 Paige, 405; Livingston v. Swift, 23 How. Pr. 1; IIearn v. Tennant, 14 Ves. Jr. 136.) In the case last cited the defendant and his attorney were committed for contempt in violating an order because they were present in court when the motion for an injunction was made, although they left before the decision was announced or the order signed. Lord Eldon said: "If these parties by their atten...


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Product Details
  • ISBN-13: 9781150048005
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 234
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 115004800X
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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