Sutton v. Sutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Me Walter B. Sutton, from an order of the Supreme Court, made at the New York Special Term, hearing date the 20th day of March, 1911, and entered in the office of the clerk of the county of New York, granting the defendant’s motion to punish the plaintiff for a contempt of court. ' '
1Opinion of the Court
Scott, J.:
This is an appeal from an order fining, the plaintiff: for his contempt in having failed to pay the accumulations of alimony due under an order directing such payment. The action is for the annulment of a marriage, and the application to enforce payment of the alimony was consequently properly made under section 753 of the Judiciary Law (Consol. Laws, chap. 30; Laws of 1909, chap. 35; formerly Code Civ. Proc. § 14), instead of under section 1773 of the Code of Civil Procedure, which applies only to actions for a divorce or for a separation. But even under section 753 of the…
2Cases cited2 opinions
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Lorton v. SeamanNew York Court of Chancery · 1842
3Cited by1 opinion
- Potter v. Emerson-Steuben Corp.New York Supreme Court · 1937