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SPALDING V. NEW YORK, 45 U. S. 21 (1846)

U.S. Supreme Court

Spalding v. New York, 45 U.S. 4 How. 21 21 (1846)

Spalding v. New York

45 U.S. (4 How.) 21



The facts were these.

The relator, Frederick F. Backus, previous to 20 July, 1840, had obtained a judgment in the supreme court of the State of New York against Lyman A. Spalding, the plaintiff in error, for the nonperformance of promises, and on the said last mentioned day the relator, as complainant, filed a creditor's bill against the said Spalding, in the court of chancery of said state, before the Vice-Chancellor of the Eighth Circuit, on which an injunction was issued and served on said Spalding, to restrain him, among other things, from collecting, receiving, transferring, selling, assigning, delivering, or in any way or manner using, controlling, interfering or meddling with, or disposing of, any property, money, or things in action belonging to him.

On 13 December, 1841, an order was made by said court to attach said Spalding for a violation of said injunction, and such proceedings were had in said court, that on 21 March, 1842, the said court declared and adjudged that the said Lyman A. Spalding had been and was guilty of a contempt of court in willfully violating said injunction by disposing of property and paying out money contrary to the terms of said injunction, and that such misconduct of the said Lyman A. Spalding was calculated to

Page 45 U. S. 22

and did impair, impede, and prejudice the rights and remedies of the complainant in the said cause, and it was ordered that he pay a fine for said contempt to the amount of $3,000, and the costs and expenses in relation to said contempt of $196.51, and that he be committed to the common jail of the County of Niagara until the fine, costs, and expenses are paid, and that a mittimus issue accordingly to the sheriff. And it was also ordered that the costs and expenses be paid to the solicitor of the relator, and the $3,000 be paid to the clerk of said court, subject to the further order of the court.

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