Donovan v. Donovan

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1912

Appellate Division of the Supreme Court of the State of New York · decided 1912-11-15

<p>Appeal from an order of the Supreme Court, entered on the 9th day of October, 1912, adjudging defendant in contempt for failing to obey a decree of the Supreme Court, directing the payment of alimony.</p>

Decided 1912-11-15

Per Curiam:

¶1The only evidence as to the demand of any specific sum is the statement of the plaintiff that on May 15, 1912, she personally demanded payment of the sum of $330 then due. As a demand is necessary to lay a foundation for a proceeding to punish for contempt the order appealed from must be modified by inserting the sum of $330 in place of $616 wherever the latter appears, and as modified is affirmed, with ten dollars costs and disbursements to the respondent. Present —Ingraham, P. J., Clarke, Scott, Miller and Dowling, JJ. Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to respondent. Order to be settled on notice.