From Casetext: Smarter Legal Research

Matter of Hirsch

Court of Appeals of the State of New York
Jun 12, 1906
185 N.Y. 598 (N.Y. 1906)

Opinion

Argued June 4, 1906

Decided June 12, 1906

Charles Haldane and David McClure for appellant.

George Thoms for respondents.


Section 2554 of the Code of Civil Procedure authorizes the issuance of an execution to enforce the payment of moneys directed by the decree of a Surrogate's Court, whether the sum to be paid consist in costs alone, or otherwise. Matter of Humfreville, ( 154 N.Y. 115), decided, under section 2555 of the Code, that a decree of that court for the payment of costs could not be enforced by imprisonment, in proceedings to punish for contempt; the ground for the decision being that section 15 of the Code forbade, generally, the enforcement of a decree for costs by imprisonment. That case, therefore, has no application to the present one.

The order should be affirmed, with costs.

CULLEN, Ch. J., GRAY, O'BRIEN, EDWARD T. BARTLETT, WERNER, HISCOCK and CHASE, JJ., concur.

Order affirmed.


Summaries of

Matter of Hirsch

Court of Appeals of the State of New York
Jun 12, 1906
185 N.Y. 598 (N.Y. 1906)
Case details for

Matter of Hirsch

Case Details

Full title:In the Matter of the Estate of FERDINAND HIRSCH, Deceased. EDWARD K…

Court:Court of Appeals of the State of New York

Date published: Jun 12, 1906

Citations

185 N.Y. 598 (N.Y. 1906)