Cutler v. Cutler

This is a motion by the defendant, pursuant to section 237-a of the Civil Practice Act, to vacate the service upon him of an order to show cause and the papers thereto annexed, on Sunday, April 16,1961, while he was visiting his children in the home of the plaintiff. The order to show cause was issued on April 6, 1961, to punish the defendant for contempt of court for his failure to pay arrears of alimony due under a judgment of divorce in plaintiff’s favor, which became final on May 18,1960. The order provided that personal service thereof and of the affidavits upon which it was granted on…