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Sarner v. Sarner

Decided: January 5, 1959.

JULIA SARNER, PLAINTIFF,
v.
SIDNEY SARNER, DEFENDANT. IN THE MATTER OF SIDNEY SARNER, CHARGED WITH CONTEMPT, APPELLANT



For affirmance -- Chief Justice Weintraub, and Justices Heher, Wachenfeld, Burling, Jacobs, Francis and Proctor. For reversal -- None.

Per Curiam

The judgment is affirmed for the reasons expressed in the opinion of Judge Conford in the court below.

On appeal from a judgment of the Superior Court, Appellate Division, whose opinion is as follows. "Defendant appeals from an adjudication of his guilt of criminal contempt of court.

"The proceedings grow out of a matrimonial litigation in the Chancery Division wherein a determination had been made by Judge Hegarty that defendant had abandoned his wife. On December 3, 1957 he was called as a witness by his wife's attorney for the purpose of establishing facts relative to his ability to pay alimony and counsel fees. Upon taking the witness stand the following transpired:

'Sidney Sarner, previously sworn, testifies as follows:

The Witness: May I first have something to say to the Court?

The Court: What is it you want to say, Mr. Sarner?

The Witness: I mean, I have taken an oath here, your Honor, to tell the truth.

The Court: That is why I say you have been sworn.

The Witness: I have something further to say.

The Court: You may sit down.

The Witness: In this proceeding you are sustaining your oath to uphold the law. This, sir, you have failed to do.

You have condoned in this Court perjury, thievery, collusion and contempt for this Court, but not only it becomes my duty to sustain the truth and to oppose such justice but to expose it. Therefore, you may if you wish, I will not further testify under the jurisdiction of this Court. You may by your ...


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