Legal Opinion

Circharo v. Circharo

New York Supreme Court

Decided November 11, 1943PublishedCited by 1 opinion

1Opinion of the CourtUghetta, J.

Upon the return date of the order to show cause defendant failed to appear.

The question presented is whether the order to show cause (Garvin, J., Nov. 1, 1943), not having been served on defendant personally, he may still.be adjudged in contempt.

It appears that he was served personally with a certified copy of the order (Steinbbink, J., Sept. 16, 1943) requiring him to pay temporary alimony and counsel fee, which order provided that “ the amount due under this order is to be paid within ten days after the service of a certified copy of this order upon the defendant.” The affidavit of service…

2Cases cited7 opinions

  1. Turner v. . WoolworthNew York Court of Appeals · 1917
  2. Pitt v. . DavisonNew York Court of Appeals · 1867
  3. Karpf v. KarpfAppellate Division of the Supreme Court of the State of New York · 1940
  4. Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
  5. Rosenthal v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1922

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3Cited by1 opinion

  1. Ginsberg v. GinsbergDistrict Court of Appeal of Florida · 1960

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