Isaacs v. Isaacs
New York Court of Common Pleas
Appeal from an order of this court setting aside an order of commitment. This is an action for divorce. At a special term of this court, held in June, 1881, an order was granted directing payment of temporary alimony and a counsel fee by the plaintiff to the defendant or her attorneys.
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Appeal from an order of this court setting aside an order of commitment. This is an action for divorce. At a special term of this court, held in June, 1881, an order was granted directing payment of temporary alimony and a counsel fee by the plaintiff to the defendant or her attorneys. Such order not having been obeyed, after service and demand, a warrant of commitment was issued upon application, June 21st, 1881. This warrant was vacated upon motion, by an order of the court dated July 21st, 1881. From this order the defendant appealed.
1Opinion of the CourtBeach, J.
Under the former practice, the enforcement of this order would undoubtedly have been by the course here taken. This would have been proper by virtue of title 13, chapter 8, part 3, section 4 of the Revised Statutes, under con-tempts, and was the only way then existing. By sections 1769, 1772, 1773 of the Code of Civil Procedure, under the head of Matrimonial Actions, the system contained in sections 58 and 60 of article 5, title 1, chapter 8, part 2 of the Revised Statutes, under Divorce, seems to have been substantially reenacted. .Section 4 of the Revised Statutes was also re-enacted *307in…
2Cited by1 opinion
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