Raffertyv.Schutzer

Court of Errors and AppealsFeb 2, 1931
107 N.J. Eq. 613 (N.J. 1931)

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Decided February 2d 1931.

On appeal from an order of the court of chancery advised by Vice-Chancellor Backes, who filed the following opinion:

"This matter coming on to be heard on the order to show cause issued therein, and after reading the bill of complaint, it appearing that certain of the prayers therein being superflous and not properly joined in the proceedings for contempt that same should be stricken out, and it further appearing upon taking testimony in open court that the said defendants Meyer Schutzer and John Warner were guilty of contempt of the order of the court of chancery made in a cause wherein Joan Rafferty was complainant and Meyer Schutzer et al. were defendants under date of February 24th, 1930, in that they disregarded the provisions of the same, and should now be punished for such contempt.

"It is thereupon on this 25th day of March, 1930, on motion of Michael J. Tansey, of counsel with the complainant, in the presence of J. Victor D'Aloia, of counsel with the defendants, ordered that the prayers of the said bill not properly concerned with the proceedings in contempt herein, shall be, and the same are stricken from said bill of complaint, and said defendants Meyer Schutzer and John Warner be, and they are held guilty of contempt of this court in disregarding the said order to show cause and restraining order, and that they be, and they are hereby fined ten ($10) dollars each as a penalty for said contempt, and be, and they are hereby confined to the Essex county jail until said fine is paid."

Mr. Michael J. Tansey, for the appellant.

Mr. J. Victor D'Aloia, for the respondent.


The order appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Backes.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.

For reversal — None.