Thompson v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah G. Thompson, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Suffolk on the 3d day of March, 1921, denying plaintiff’s motion to punish the defendant for contempt for failure to pay alimony.
1Opinion of the Court
Kelly, J.:
Where application is made to punish a party for contempt of court, and he- appears, and by affidavit or otherwise offers an explanation or excuse for his alleged failure to obey the mandate of the court, I take it that it is for the court to determine, first, whether he has in fact disobeyed the judgment or order, and, second, if disobedience is proved whether it was willful or intentional and whether he' acted in defiance or in contempt of the court. In the last particular, the question is largely addressed to the discretion of the justice presiding. While he should not and cannot…
2Cited by11 opinions
- In re HildrethAppellate Division of the Supreme Court of the State of New York · 1967
- In re the Estate of WaxNew York Surrogate's Court · 1933
- Brant v. BrantNew York Supreme Court · 1960
- Cole v. ColeNew York City Family Court · 1990
- Dandridge v. DandridgeNew York Supreme Court · 1959
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