Shepard v. Shepard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry B. Shepard, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th ■day of October, 1904, adjudging the plaintiff guilty of contempt for a failure to pay alimony, granted pendente lite, and committing him to the common jail of Hew York county until he should pay the amount remaining due and unpaid, with interest thereon, in addition to the costs,…
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Appeal by the plaintiff, Henry B. Shepard, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th ■day of October, 1904, adjudging the plaintiff guilty of contempt for a failure to pay alimony, granted pendente lite, and committing him to the common jail of Hew York county until he should pay the amount remaining due and unpaid, with interest thereon, in addition to the costs, expenses, fees and charges. The action was brought to obtain a decree of absolute divorce.
1Opinion of the Court
Hatch, J.:
The appeal in this case is from an order made in the last of eleven motions, concerning alimony granted pendente Ute, which have been *309made during the progress of this litigation. When the action between these parties was first begun an order for alimony 'pendente lite was granted. With that order the plaintiff failed to comply. Thereupon and on May 14, 1900, application was made for an order adjudging the plaintiff in contempt for failure to pay the amount ordered paid. This motion resulted in an order under that date adjudging that the amount due and unpaid of alimony was the sum…
2Cases cited4 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Knapp v. KnappMassachusetts Supreme Judicial Court · 1883
- Allen v. Farmer's Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by14 opinions
- Mittman v. MittmanAppellate Division of the Supreme Court of the State of New York · 1942
- Hayes v. HayesAppellate Division of the Supreme Court of the State of New York · 1912
- Treherne-Thomas v. Treherne-ThomasAppellate Division of the Supreme Court of the State of New York · 1944
- Fauver v. HemperlySupreme Court of Georgia · 1934
- Paul v. PaulSupreme Court of Kansas · 1926
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