From Casetext: Smarter Legal Research

Adams v. Adams

Appellate Division of the Supreme Court of New York, First Department
Jul 13, 1917
179 App. Div. 152 (N.Y. App. Div. 1917)

Opinion

July 13, 1917.

Herman L. Roth, for the appellant.

C.C. Daniels, for the respondent.


When an order is made requiring the payment of alimony and counsel fee, it is the better practice to employ the "long-form" order. But in any event, as a basis for contempt proceedings, the order must clearly state, so as to be readily understood by a layman, precise directions not only as to the amount to be paid but as to the time and place of payment and the person to whom payment is to be made. In the case at bar, although the "short-form" order was employed, the defendant showed that he thoroughly understood its provisions by making a motion to modify the order. When this motion was granted and the modified order, specifying in what particulars the defendant's motion had been granted, was served upon the defendant with a proper demand for payment, the defendant was in no position to claim that he was ignorant of what was required of him.

The order should be affirmed, with ten dollars costs and disbursements.

CLARKE, P.J., LAUGHLIN, SMITH and PAGE, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.


Summaries of

Adams v. Adams

Appellate Division of the Supreme Court of New York, First Department
Jul 13, 1917
179 App. Div. 152 (N.Y. App. Div. 1917)
Case details for

Adams v. Adams

Case Details

Full title:MARION ADAMS, Respondent, v . LOUIS R. ADAMS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 13, 1917

Citations

179 App. Div. 152 (N.Y. App. Div. 1917)
166 N.Y.S. 167

Citing Cases

Patricia Ann Cottage Pub, Inc. v. Mermelstein

Thus, unlike the cases involving the other two establishments, in Dunton, there were some facts presented by…

Matter of Carlson v. Podeyn

As punishment for contempt may involve not only loss of property but loss of liberty as well, it is a…