Legal Opinion

Hayes v. . Hayes

New York Court of Appeals

Decided May 6, 1913PublishedCited by 20 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1912, which reversed an order of Special Term adjudging. the defendant in contempt of court for failure to pay alimony which had accrued during the pendency of an action for divorce, the complaint in which had been dismissed.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1912, which reversed an order of Special Term adjudging. the defendant in contempt of court for failure to pay alimony which had accrued during the pendency of an action for divorce, the complaint in which had been dismissed. The following question was certified: “Did the dismissal of the complaint deprive the court of jurisdiction to piunish the defendant for contempt, for disobeying an order awarding alimony during the pendency of the action, by failing to…

1Opinion of the Court

Order affirmed, without costs, on authority of Matter of Thrall (12 App. Div. 235; affirmed on opinion below, 153 N. Y. 644); question certified answered in the affirmative.

Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Collin, Cuddeback and Miller, JJ.

2Cases cited1 opinion

  1. In re ThrallAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by20 opinions

  1. Polizotti v. PolizottiNew York Court of Appeals · 1953
  2. Mittman v. MittmanAppellate Division of the Supreme Court of the State of New York · 1942
  3. Marsich v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1935
  4. Holmes v. HolmesWyoming Supreme Court · 1949
  5. Treherne-Thomas v. Treherne-ThomasAppellate Division of the Supreme Court of the State of New York · 1944

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