Walker v. . Walker
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming two orders of Special Term, one of which directed the payment within five days of certain sums for alimony and counsel fees, which defendant had been directed to pay by a former order, or in case of failure so to do that defendant’s answer be stricken out • J the other struck out the answer.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming two orders of Special Term, one of which directed the payment within five days of certain sums for alimony and counsel fees, which defendant had been directed to pay by a former order, or in case of failure so to do that defendant’s answer be stricken out • J the other struck out the answer. (Mem. of decision below, 20 Hun, 400.) This was an action for divorce a mensa et thora. An order was made therein directing the payment of a sum of money for alimony and counsel fees. Upon affidavit…
1Opinion of the Court
Folger, Ch. J.
The defendant, having refused or neglected to obey an important order of the court, was in contempt, and liable to punishment by reason thereof. The punishment inflicted by the court was by an order made in the cause, to strike out the answer that had been put in by him, and to direct a reference to take proof of the matters stated in the order; the reference to proceed as if there had been no answer put in.
It is claimed that the court had no power to make that order; that every defendant has a vested right to make a defense to any action or suit or legal proceeding begun…
2Cases cited5 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Manning v. ManningNew York Court of Chancery · 1815
- Rice v. . EheleNew York Court of Appeals · 1874
- Birdsall v. PixleyNew York Supreme Court · 1830
- Farnham v. FarnhamNew York Supreme Court · 1853
3Cited by36 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Gordon v. GordonIllinois Supreme Court · 1892
- Campbell v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1905
- Feingold v. . Walworth Bros., Inc.New York Court of Appeals · 1924
- Spradling v. SpradlingSupreme Court of Oklahoma · 1919
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