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35 N.Y.S. 250

Patton v. Patton

The Superior Court of the City of New York and Buffalo · decided 1895-08-15

<p>Divorce—Alimony and Counsel Pees—Action for Separation.</p> <p>An allowance for alimony and counsel fees will not be granted in an action for a separation.</p>

Decided 1895-08-15

GILDERSLEEVE, J.

¶1It has been the practice of this court, for some time past, to decline to entertain motions for alimony and counsel fees in suits for a separation. In Ruopp v. Ruopp (Super. N. Y.) 35 N. Y. Supp. 251, Judge McAdam wrote as follows:

“Support may be summarily coerced through the police courts. These tribunals have the coercive process,—short, sharp, and decisive,—corps of officers, and the power of commitment, of a much more summary character than that possessed by any court of record. It was intentionally made so by "the legislature, and plaintiff ought to avail herself of these facilities.”

¶2*251This ruling has been repeatedly followed by the judges of this court, and in the present case I feel constrained to adhere to former precedents. The motion for alimony and counsel fees is denied, without prejudice to police remedies. No costs.

¶3• Motion denied, without costs.

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