Knott v. Knott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George W. Proctor Knott, from an ■order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day. of April, 1896, striking out the appearance and answer interposed by the defendant in the action The action was brought to obtain a divorce; the defendant interposed an answer, and after the joining of issue an application was made for alimony and couns.el fee.
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Appeal by the defendant, George W. Proctor Knott, from an ■order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day. of April, 1896, striking out the appearance and answer interposed by the defendant in the action The action was brought to obtain a divorce; the defendant interposed an answer, and after the joining of issue an application was made for alimony and couns.el fee. This application was opposed by the defendant, but was finally granted by the court. ■' The order ¡granting it was never served upon…
1Opinion of the Court
Per Curiam :
The defendant had notice of the motion for alimony and a conn-, ■sel fee, appeared before the referee by whom the question of fact arising upon the motion was heard, contested the right of the plaintiff to alimony and a counsel fee, and appeared before the court when the final' order directing the payment of alimony and a counsel fee was made. He does not deny that he had notice of that order ■and knew of its contents. Subsequent to' the granting of the order he left the State, and consequently the order was not served upon him. He has failed to comply with the order in any…
2Cited by5 opinions
- Grant v. GreeneAppellate Division of the Supreme Court of the State of New York · 1907
- Harney v. HarneyAppellate Division of the Supreme Court of the State of New York · 1905
- Bernstein v. BernsteinNew York Supreme Court · 1931
- Doré v. DoréNew York Supreme Court · 1961
- T. W. Warner Company v. AndrewsConnecticut Superior Court · 1937