7 Abb. Pr. 376
Decided November 15, 1869
New York Supreme Court · decided 1869-11-15
Motion to punish as for contempt. The action in which these proceedings were taken was brought by Charles Gr. Patterson against Elisha Bloomer. After an injunction had been issued in this case, and the usual undertaking given (which the plaintiff did not sign), he discontinued. A reference was thereupon ordered to compute the defendant’s damages; The plaintiff had notice of and opposed the application, and also appeared on the reference, but filed no exceptions to the report.
Decided 1869-11-15
¶1The court may order the plaintiff to pay the damages assessed, and, if he refuses, may enforce the payment thereof by attachment. The report having been confirmed, in a proceeding to which the plaintiff was a party, and no appeal having been taken by him, the same is conclusive upon him.
¶2The defendant may have an order directing the payment of the money within thirty days after service oi notice of this order, or, in default, that an attachment issue.