Stewart v. Stewart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. Stewart, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 21st day of Hay, 1908, denying the defendant’s motion to vacate .an ex parte order made at the Yew York Special Term and entered in said clerk’s office on the 24th day of April, 1908, adjudging him guilty of contempt in failing to pay alimony, and directing that a warrant issue for his…
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Appeal by the defendant, William J. Stewart, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 21st day of Hay, 1908, denying the defendant’s motion to vacate .an ex parte order made at the Yew York Special Term and entered in said clerk’s office on the 24th day of April, 1908, adjudging him guilty of contempt in failing to pay alimony, and directing that a warrant issue for his arrest and that he be confined in the county prison .of the county of Yew York until.he pays the sum of thirty dollars, being…
1Opinion of the Court
Laughlin, J.:
The plaintiff proceeded in accordance with the. provisions of section 2268 of the Code of Civil Procedure, which is a general provision relating to contempts arising out of the neglect or refusal to obey an order of the court requiring the payment of costs or of a specified sum of money and which purports to authorize in such cases, on proof of the facts therein specified, the issue, without notice, of a warrant of commitment.
The question presented, for decision by the appeal is whether the contempt'proceedings in matrimonial actions may be: originated pursuant to the provisions…
2Cases cited4 opinions
- Schweig v. SchweigAppellate Division of the Supreme Court of the State of New York · 1907
- Delanoy v. DelanoyAppellate Division of the Supreme Court of the State of New York · 1897
- Stanley v. StanleyAppellate Division of the Supreme Court of the State of New York · 1906
- Isaacs v. IsaacsNew York Court of Common Pleas · 1882
3Cited by5 opinions
- Jacobson v. JacobsonCity of New York Municipal Court · 1914
- Wides v. WidesAppellate Division of the Supreme Court of the State of New York · 1983
- Lewis v. LewisNew York Supreme Court · 1926
- Carr v. CarrNew York Supreme Court · 1909
- Sloan v. SloanNew York Supreme Court · 1968