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125 A.D. 859

Compton v. Compton

Appellate Division of the Supreme Court of the State of New York · decided 1908-05-15

<p>Contempt — failure to pay alimony — demand.</p> <p>On a motion to punish, one for contempt in failing to pay alimony, a demand for the amount due must be shown.</p> <p>Poverty is no answer to such an application.</p>

Decided 1908-05-15

Per Curiam :

¶1The papers show no demand for the amount due for alimony, the payment of which is sought to be enforced in this proceeding. If there had been a proper demand for the amount due the motion should have been granted, as the defendant’s plea of poverty is no answer to the application.

¶2As the case stands, however, the order must he affirmed, but without costs.

¶3Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. '

¶4Order affirmed, without costs.

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