Park v. . Park
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of Special Term, adjudging defendant in contempt. (Reported below, 18 Hun, 466.) This was an action for absolute divorce ; it was commenced by the service of the summons alone.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of Special Term, adjudging defendant in contempt. (Reported below, 18 Hun, 466.) This was an action for absolute divorce ; it was commenced by the service of the summons alone. Defendant did not appear, and on the report of a referee judgment was given April 24, 1867, dissolving the marriage, awarding the plaintiff $300 per annum, final alimony, with costs, and requiring defendant, to give security, to he approved by one of the justices of the Supreme Court, for the payment of the…
1Opinion of the CourtMiller, J.
The claim of the counsel for the appellant, that the judge erred in assuming to decide a matter which was not before him, is not, we think, well founded. The O proceeding before the Special Term was upon the return of the attachment against the defendant for an alleged contempt, in disobeying the provision contained in the decree of divorce between the plaintiff and himself, requiring the defendant to pay and give security for the payment of the allowance granted to the plaintiff. The whole matter relating to this provision was before the court, and it had complete jurisdiction to grant such…
2Cited by30 opinions
- Cain v. MillerNebraska Supreme Court · 1922
- Township of Noble v. AasenNorth Dakota Supreme Court · 1901
- Machine Co. v. Compress Co.Tennessee Supreme Court · 1900
- Staples v. StaplesWisconsin Supreme Court · 1894
- Going v. GoingTennessee Supreme Court · 1923
25 more not listed; retrieve them via the Exa API.