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Vogel v. Vogel

131 N.Y.S. 67 Court N.Y. App. Div. Decision date 1911-10-13 English

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p. 67
VOGEL v. VOGEL.
(Supreme Court, Appellate Division, First Department.
October 13, 1911.)

Headnote

Divorce (§ 269*)—Nonpayment of Alimony—Contempt.
In the absence of sufficient proof of demand, for payment of alimony-due, it is proper to refuse to punish a husband for nonpayment, with leave to renew the motion on a proper demand and proof of nonpayment.
[Ed. Note.—For other cases, see Divorce, Cent. Dig. § 75S; Dec. Dig. § 269.*]
Appeal from Special Term, New York County.
Action by Flora Vogel against Louis Vogel. From an order denying a motion to punish defendant for contempt, plaintiff appeals. Affirmed.
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGH-LIN, CLARKE, and MILLER, JJ,
Jacob Marx, for appellant.

The order should be affirmed, without costs, upon the ground that the proof of demand for payment of the alimony due is insufficient; with leave, however, to the plaintiff to renew the motion upon a proper demand being made, and upon such additional papers as plaintiff may be advised.