Snow v. Snow

Prior to the enactment of section 1171-b of the Civil Practice Act in 1939 (L. 1939, eh. 431, eff. Sept. 1,1939), an independent plenary action could be brought to recover accrued and unpaid alimony which had been awarded in a judgment in an action for divorce or separation (see Swanton v. Curley, 273 N. Y. 325; Van Ness v. Ransom, 215 N. Y. 557; Shepherd v. Shepherd, 51 Misc. 418, affd. 117 App. Div. 924; Miller v. Miller, 7 Hun 208), and, apart from that remedy, execution could be issued upon such judgment for the accrued and unpaid alimony (Shepherd v. Shepherd, supra; Miller v. Miller,…