Legal Opinion

Dietz v. Dietz

New York Supreme Court

Decided June 14, 1912Published

Action by Pauline Dietz against Henry Dietz. On motion to punish defendant for contempt in failing to comply with order awarding temporary alimony.

1Opinion of the CourtGiegerich, J.

It appears from the papers submitted that the justice before whom this action for a separation was tried! announced orally at the conclusion of the trial that he had decided the issues in favor of the defendant. It is undisputed, however, that no formal decision or judgment has as yet been entered.

[1] As temporary alimony continues until the entry of the judgment granting or denying the relief asked (Horn v. Horn, 73 Misc. Rep. 14, 18, 130 N. Y. Supp. 591), the defendant is under obligation to pay the sum due for alimony under the order awarding the same until a final judgment in his favor is…

2Cases cited3 opinions

  1. Wood v. WoodNew York Supreme Court · 1872
  2. Horn v. HornNew York Supreme Court · 1911
  3. Thurston v. ThurstonNew York Supreme Court · 1911

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