The People Ex Rel. Albert Day, Respondents v. John H. Bergen, Referee

Summary

The Court of Appeals affirmed the order holding the referee John H. Bergen in contempt for failing to apply the purchase money to taxes and assessments as required by the foreclosure judgment. It ruled that a referee's duties are ministerial, that an order cannot be set aside in a contempt proceeding, and that an appeal does not stay enforcement of the order. The concurrence noted procedural defects in the motion for reargument but did not dispute the majority's holdings.