Tucci v. Tucci

Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In order to maintain this proceeding in contempt, it was essential that a certified copy of the decree requiring the payment of alimony should be served upon the defendant, and as this was not done the defendant could not be held guilty of contempt. (Ryckman v. Ryckman, 32 Hun, 193; Matzke v. Matzke, 185 App. Div. 533; Dikeman v. Dikeman, 108 Misc. 406.) Young, Scudder and Tompkins, JJ., concur; Kapper, J., dissents upon the ground that as a demand is no longer necessary for the…