Zimmerman v. Zimmerman

ZIMMERMAN v. ZIMMERMAN. N. Y. Supreme Court, First Department, Chambers; February, 1891. Non-payment of alimony ; service of order to show causei\ An order-requiring the husband to show cause why he should not be punished for his failure to make a payment of alimony, may be served upon his attorney, where it does not appear that final judgment has been entered. Order to show cause why an attachment should not issue, against a husband, defendant in a divorce •suit, for the non-payment of alimony and counsel fees. Action for divorce by Fannie Zimmerman-, an infant, by Harris Wittenburg, her guardian, ad litem against 'Samuel Zimmerman. Abraham Sarasohn, for plaintiff. Marice H. Gotlieb, for defendant. [MAJORITY — Ingraham, J.] Ingraham, J. Section 1773 provides for an order, requiring the husband to show cause why he should not be punished for his failure to make the payment of alimony. There is no provision how that order shall be served, and I think the rule as laid down in Pitt v. Davidson (37 N. Y. 235), allows the order to be servéd upon the attorney for the party where it does not appear that final judgment has been entered. I think the service of the order complied with the provisions •of the Code. , Motion denied, with $10 costs.