Dyer v. . Dyer

Conceding, but not deciding, that the judgment of absolute divorce upon ground of two years separation in his action is valid, is defendant thereafter subject to attachment for contempt for willful disobedience of order (C. S., 978 [4]) to pay his wife subsistence theretofore entered by his consent in her action therefor without divorce, under C. S., 1667 ? We hold that he is.

If the consent order in favor of the wife in her action is not subject to nullification by a decree of absolute divorce on ground of separation, then it remains as an order of the court with which the defendant must,…