Kelly v. Kelly

Upon the hearing of this motion the plaintiff raised the preliminary objection that the defendant, being in contempt for non-payment of alimony, could not be heard on this motion to reduce the alimony. The matter was submitted, the preliminary objections to be first determined.

Briefly, the parties were divorced about 1922. Pending the litigation and since the entry of judgment, the defendant paid the alimony awarded until late in 1931, when, because of alleged illness, he failed to pay.

On application of the plaintiff the defendant was adjudged in contempt for failure to pay the sum of $225.

Fro…