Barker v. Barker
New York Supreme Court
Motion to strike out answer, and for further relief, unless defendant comply with the terms of an order heretofore made by Justice Rosekrans, requiring him to pay $50 for expenses of suit and $150 annually, in payments of $75, at the end of every six months, for alimony.
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Motion to strike out answer, and for further relief, unless defendant comply with the terms of an order heretofore made by Justice Rosekrans, requiring him to pay $50 for expenses of suit and $150 annually, in payments of $75, at the end of every six months, for alimony. Defendant sold out his property in this state, and absconded to Canada, where he now resides, for the purpose of being out of the jurisdiction of the court, and abandoning plaintiff, his wife, as he declared to persons whose affidavits detail that fact among others. An order to show cause was first made at Malone on the 5th…
1Opinion of the Court
C. L. Allen, Justice.
The defendant is in contempt for disobeying the order of Justice Bosekrans. If he wished to avail himself of his excuse, he should have complied with the terms, and then applied for a modification. Besides, although he denies that he is worth the sum of $7,000, and avers that he is only worth, about $2,200, yet he does not deny its other allegations in plaintiff’s affidavits, that he has absconded to Canada for the purpose of abandoning plaintiff, of being beyond the reach of the process of this court, and that he has sold out his property for the same purpose, and that…
2Cited by1 opinion
- Quigley v. QuigleyNew York Supreme Court · 1887