Legal Opinion

Hayes v. Hayes

New York Supreme Court

Decided December 15, 1911PublishedCited by 1 opinion

Motioit for reargument of application in a matrimonial action to punish for contempt in failing to pay pendente lite alimony.

1Opinion of the CourtMaddox, J.

Defendant seeks a reargument of a motion upon which an order has been made and entered, holding him in contempt of court for failing to comply with its order directing the payment of alimony.

On the argument of that motion it was, among other things, urged, and counsel here contends, that the court was without jurisdiction to adjudge the defendant guilty of contempt for the non-payment of past due alimony, on the ground that the divorce action had been previously terminated by dismissal of the action, because of plaintiff’s default in appearing when the case was reached for trial.

As to the…

2Cases cited9 opinions

  1. Audubon v. ShufeldtSupreme Court of the United States · 1901
  2. Wetmore v. . WetmoreNew York Court of Appeals · 1896
  3. Romaine v. . ChaunceyNew York Court of Appeals · 1892
  4. Thayer v. ThayerAppellate Division of the Supreme Court of the State of New York · 1911
  5. People Ex Rel. Levine v. . SheaNew York Court of Appeals · 1911

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3Cited by1 opinion

  1. State v. New York Movers Tariff Bureau, Inc.New York Supreme Court · 1965

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