59 How. Pr. 262 | New York County Courts | 1880
It seems to me hardly necessary to consider here whether the objections to the affidavit upon which this order was granted would or would not have been good if properly raised. When an order is issued by a judge having jurisdiction the person upon whom it is served has two paths to pursue, and only two, if he desires to avoid contempt of court. He must either obey it or procure it to be set aside. Even if it be erroneous he has no right to disregard it (Arctic Insurance Company agt. Hicks, 7 Abb. Pr., 204). There
I am compelled, therefore, to hold that the respondent is guilty of contempt of court, but, inasmuch as the contempt seems to have arisen from a misconception of the proper practice in such cases rather than from intent, I am inclined to inflict only a very slight penalty and fine her ten dollars, costs of this application.
Let orders be prepared accordingly and directing the re