Bergin v. Deering

Decided June 30, 1893

New York Supreme Court · decided 1893-06-30

<p>Civil Contempt—Sufficiency of Order.</p> <p>Where an order adjudging defendant guilty of a civil contempt does not describe the acts which constitute the contempt, nor what defendant shall do to purge himself from contempt, nor adjudges that any particular acts were done or omitted which amounted to a contempt, nor that such acts impaired the rights of any party to the action, the order wifi he reversed.</p>

Cited by 1 later decisions — most recently November 1941

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1893-06-30

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PER CURIAM.

¶1This is an appeal 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.

¶2The order should be reversed, with $10 costs and disbursements.