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69 N.Y. St. Rep. 567

Patton v. Patton

The Superior Court of New York City

Decided August 15, 1895

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

<p>■Separation—A lemony and counsel fees.</p> <p>In an action for a separation in the Superior Court of the City of New York, an allowance for alimony and counsel fees will not be granted.</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, 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, sÉarp, 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.”

¶2This 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 prej udice to police remedies.

¶3No costs.

¶4Motion denied, without costs.

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