General
Melissa Walton Compton, Appellant, v. Charles Kenith Compton, Respondent
125 A.D. 859·New York Supreme Court, Appellate Division·1908·NY
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Opinion
Melissa Walton Compton, Appellant, v. Charles Kenith Compton, Respondent.
First Department,
May 15, 1908.
Contempt — failure to pay alimony — demand.
On a motion to punish, one for contempt in failing to pay alimony, a demand for the amount due must be shown.
Poverty is no answer to such an application.
Appeal by the plaintiff, Melissa Walton Compton, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of August, 1907, denying the plaintiff’s motion to punish the defendant for contempt of court in failing to pay alimony, awarded by a judgment theretofore entered herein.
Allen Caruthers, for the appellant.
J. Frederick Cryer, for the respondent.
[MAJORITY — Per Curiam :]
Per Curiam :
The papers show no demand for the amount due for alimony, the payment of which is sought to be enforced in this proceeding. If there had been a proper demand for the amount due the motion should have been granted, as the defendant’s plea of poverty is no answer to the application.
As the case stands, however, the order must he affirmed, but without costs.
Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. '
Order affirmed, without costs.