Strobridge v. Strobridge
New York Supreme Court
Appeal from an order made at the Onondaga Special Term, denying a motion for an order directing a precept to issue to commit the defendant to jail for his refusal to comply with certain orders of the court previously made in this action, requiring him to pay to the plaintiff’s attorney the sum of $80, for the plaintiff’s expenses in prosecuting this suit. The defendant is the husband of the plaintiff, and the action was brought to obtain a limited divorce.
1Opinion of the Court
Smith, J.:
The plaintiff’s motion was denied by the Special Term, principally upon the ground that the court has not power to imprison the defendant for his non-compliance with tbe orders requiring him to pay a certain sum of money to tbe attorney of the plaintiff, to meet tbe expenses of her suit. The power has been exercised so frequently, that it is somewhat surprising to find it questioned, and we think an examination of the statutes and adjudged cases bearing upon the question will show that the existence of the power cannot be denied.
Tbe view of the matter which prevailed at the Special…
2Cases cited6 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- Lansing v. LansingNew York Supreme Court · 1871
- Brockway & McFarland v. CoppNew York Court of Chancery · 1831
- Matter of KellyNew York Court of Appeals · 1875
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