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Gardner v. Gardner

130 N.Y.S. 801 Court N.Y. App. Div. Decision date 1911-07-27 English

Delivered by THOMAS, J.

Contents

Majority

p. 801
GARDNER v. GARDNER.
(Supreme Court, Appellate Division, Second Department.
July 27, 1911.)

Headnote

Divorce (§ 269[1] )—Alimony—Order of Court.
Defendant in a divorce action, on Ms refusal to pay alimony as ordered on plaintiff’s request, will be ordered to pay arrears, and, on default, arrested and committed until he does so.
[Ed. Note.—For other cases, see Divorce, Cent. Dig. §§ 756-763; Dec. Dig. § 269.[1] ]
Appeal from Special' Term, Nassau County.
Action by Elizabeth H. Gardner against Frank J. Gardner. Frota a part of an order, plaintiff appeals.
Affirmed as modified.
Argued before JENKS, P. J., and THOMAS, CARR, WOODWARD, and RICH, JJ.
Pierre M. Brown, for appellant.
Henry J. Goldsmith, for respondent.

The defendant, served with a copy of the decree which commanded him to pay the plaintiff alimony on the 1st day of each month, has ignored it, and makes no answer to the plaintiff’s statement that repeated demands have been made upon him, and that he absents himself from the state, or when in the state keeps himself concealed to avoid service of process. When the court directs, obedience should follow, and sufficient appears to justify the conclusion that, the plaintiff has asked "for such obedience.

The order should provide for payment for arrears of alimony, and in default that ,a warrant issue for his arrest and committal until such payment, with $10 costs and disbursements, and $10 costs of the motion, and as so modified the order should be affirmed. All concur.