65 N.Y.S. 1028 | N.Y. App. Div. | 1900
This appeal is from an order adjudging the appellant, Emil Mesnier, to be in contempt of court for non-coinpliance with an order directing him to complete a purchase of property bid in by him at a referee’s sale, held in pursuance of a judgment rendered in the above-entitled action. The proceeding is taken under subdivision 3 of section 14 of the Code of Civil Procedure, and is governed by sections 2281, 2283, 2284 and 2285 of the Code. While there is no
In the matter now before us there is no adjudication of the amount of damage caused to the respondent; there is no evidence from which it may be inferred that the respondent has been damaged to the amount of the unpaid portion of the purchase price of the premises, and, if there was, the order appealed from does not specify the sum to be paid, as provided by section 2285 of the Code of Civil Procedure, but provides that, in addition to the sum named, Mr. Mesnier shall pay all the taxes, assessments and water rents up to the date of his discharge from imprisonment. The amount of these charges is not determined, and there is no way that the officer having the person in charge may know when the conditions of the order have been fulfilled. Neither does the order appealed from specify the acts to be done by Mr. Mesnier, but refers to the order of November 29, 1899, and directs that he be imprisoned until that order be complied with. This is not a compliance with the requirements of the Code. The commitment or order must specify the act to be done, and no reference can be made to any other paper to supply this defect. The reason for this provision is obvious; it is for the purpose of enabling the sheriff to determine when the prisoner is entitled to his liberty. (People ex rel. Post v. Grant, 50 Hun, 243, 247.) It is necessary, under section 2284 of the Code of Civil Procedure, that the amount of the fine imposed for the pur
All concurred.
Order reversed, with ten dollars costs and disbursements.