Delanoy v. Delanoy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Delanoy, from so much of 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 20th day of April, 1897, as adjudges him guilty of contempt of court.
1Opinion of the Court
Patterson, J.:
It was properly held by the court below that the defendant could not excuse his failure to comply with the terms of the judgment requiring the payment of alimony by setting up in answer to the motion to punish him for contempt his present poverty or inability to pay. (Rychman v. Ryckman, 34 Hun, 238.) But the papers *296presented to the court by the plaintiff on this motion to punish the defendant .for his contempt were radically defective, in that it was not.'shown that a demand was made on the defendant for the payment of - the alimony in arrear before this proceeding was…
2Cases cited1 opinion
- Gray v. CookThe Superior Court of New York City · 1863
3Cited by6 opinions
- Goldie v. GoldieAppellate Division of the Supreme Court of the State of New York · 1902
- General Electric Co. v. SireAppellate Division of the Supreme Court of the State of New York · 1903
- Willow Farms Dairy, Inc. v. FreemanDistrict Court, D. Maryland · 1962
- Stewart v. StewartAppellate Division of the Supreme Court of the State of New York · 1908
- Flor v. FlorAppellate Division of the Supreme Court of the State of New York · 1902
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