General
Livingston vs. Fitzgerald
2 Barb. 396·New York Supreme Court·1848·NY
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Opinion
Same Term.
Before the same Justice. .
Livingston vs. Fitzgerald.
The act of November 22d, 1847, forbidding the imprisonment of any person for interlocutory costs, does not apply to thdse cases of contempt where a party may be fined for any misconduct productive of an actual loss or injury to the other party.
In Equity. This was a motion for an attachment against the defendant for not appearing before a referee and - -uking an assignment to a receiver, and for not paying the costs growing out of his previous default in thé case.
W. C. Schuyler, for the plaintiff
[MAJORITY — Edmonds, J.]
Edmonds, J.
The act of November 22d, 1847, forbidding the imprisonment of any person for interlocutory costs, (Laws of 1847, p. 491, § 2,) does not apply to those cases of contempt where a party may be fined for any misconduct productive of an actual loss or injury to the other party. A fine of $20 must be imposed and an attachment awarded.