White v. White

The motion to vacate the order requiring the bond has been withdrawn.

The defendant raises a question as to the right of the court to punish him for contempt for failure to file a bond as required by the previous order of the court. He relies upon the decision in Pelz v. Pelz (182 App. Div. 923 [2d Dept.]). There the court held (1) on the authority of Moore v. Moore (142 App. Div. 459 [1st Dept.]), that a defendant could not be punished for contempt for failure to furnish an undertaking in a matrimonial action, and (2) on the authority of Wulff v. Wulff (151 App. Div. 22), that the court would…