¶1The husband and wife both swear that the alimony has been paid, and, besides, I am not referred to any case in which it has been held that an attorney has a lien upon the alimony awarded to the wife by a final judgment rendered in her favor, in an action for a separation. The costs cannot be collected by a proceeding to punish for contempt. Jacquin v. Jacquin, 36 *628Hun, 378. Apparently, all that the court can do is to permit the attorney to issue an execution to collect the costs, and an order giving such permission, with $10 costs of this motion, may be entered.
10 N.Y.S. 627
Weill v. Weill
Decided April 12, 1890
New York Supreme Court · decided 1890-04-12
Action for limited divorce. Plaintiff obtained a decree directing defendant to pay her certain alimony, attorney’s fees, and costs; and her attorneys filed an affidavit alleging that they had received no compensation for their services, but had expended large sums for plaintiff in carrying on the suit, and asked that defendant be punished for contempt in failing to make the payments directed by the court.
Decided 1890-04-12