Clapp v. Clapp

— Order reversed upon the law, without costs, and motion to dismiss the action for lack of jurisdiction granted, without costs. An action in this State to enforce a judgment for unpaid alimony rendered in another jurisdiction is necessarily an action to recover a sum of money only. The provisions of sections 1171 and 1171-a of the Civil Practice Act are remedial only when an action has been brought in this State and judgment rendered therein (§ 1171),^[1] or in an action for divorce or separation (§ 1171-a).^[2] Jurisdiction of defendant Albert D. Clapp was not obtained, because of failure of proof that a warrant of attachment, granted in the action, has been levied upon his property within the State. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.