Smith v. Smith
New York Supreme Court
Motion to commit for contempt. This was an action by Jane Smith against William Smith, for a divorce. On the 9th of December, 1861, on the application of the plaintiff, an order was made, directing the defendant to pay a counsel-fee of $250 within ten days.
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Motion to commit for contempt. This was an action by Jane Smith against William Smith, for a divorce. On the 9th of December, 1861, on the application of the plaintiff, an order was made, directing the defendant to pay a counsel-fee of $250 within ten days. On the 1st of February, 1862, an attachment was issued against the defendant for contempt; and on the return-day of the attachment, an order was made directing the plaintiff to file interrogatories, and that the defendant answer them under oath. On the interrogatories and answers so filed, and on several affidavits, the plaintiff moved for…
1Opinion of the CourtBarnard, J.
Motion to commit defendant for contempt, in not paying the sum of $250, directed by the order of Dec. 9, 1861. The defendant has- been brought up on attachment. Interrogatories, and defendant’s answers- thereto, have been filed. There was an order of reference-to take defendant’s answers to the interrogatories, and such proof in support of, and in opposition to the answers, as each party should adduce.
The answers to the interrogatories having been filed the plaintiff moves for a commitment, and proposes to read affidavits in opposition to such answers.
Defendant opposes the motion, on the…
2Cases cited2 opinions
- Hull v. ThomasNew York Court of Chancery · 1838
- Butterworth v. O'BrienNew York Court of Appeals · 1861
3Cited by1 opinion
- People ex rel. Slaight v. PotterNew York Supreme Court · 1887