133 N.Y.S. 807 | N.Y. Sup. Ct. | 1911
Weich v. Weich, 59 Misc. Rep. 238, and Carr v. Carr, 64 id. 435, holding that service of the order to show cause upon the husband’s attorney, only, was sufficient to put him in contempt for nonpayment of alimony, so far as appears from the reports, were both.cases of proceedings before final judgment. ■ After -final judgment, however, I think that contempt- proceedings in a matrimonial action cannot be instituted without service of the order to show cause upon the husband personally. Keller v. Keller, 100 App. Div. 325.
In the case at bar, service of the order to show cause was directed to be made upon the attorney who appeared for the
The motion must be denied.
Motion denied.