Averett v. Averett

The checks in the hands of the original payee, the plaintiff, represented, as is conceded, alimony awarded under a judgment of the Supreme Court. It was not necessary for the plaintiff to commence an action on them in order to put her claim into judgment. When the checks were not paid, she could have applied to the Supreme Court to docket as a judgment the unpaid installments, so that she could issue an execution upon them. Thayer v. Thayer, 145 App. Div. 268.

If upon such application to enter judgment it appeared to the clerk that the judgment wherein such alimony was awarded had been…