Van Orden v. Van Orden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Van Orden, from an order of' the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of November, 1897, staying the defendant’s appeal from a judgment of the Supreme Court.
1Opinion of the Court
Ingraham, J.:
The order appealed from stays the defendant’s appeal from a judgment of separation requiring the defendant to pay alimony and counsel fee, upon the ground that the defendant, since the entry of the judgment and service of it upon him, has removed himself and property from this State, has refused to comply with the judgment as to the payment of alimony and counsel fee, and is thus in contempt. The right of a court to refuse to entertain an applica- ■ tion of a party to a civil action, whether in the nature of an appeal from a judgment, or an application to the court for the…
2Cited by5 opinions
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- In re TruesdellAppellate Division of the Supreme Court of the State of New York · 1916
- White v. E. C. McKallor Drug Co.Appellate Division of the Supreme Court of the State of New York · 1933