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Patton v. Patton
13 Misc. 726
The Superior Court of the City...
1895
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GILDERSLEEVE, J.

It 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 (Super. N. Y.) 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, sharp, 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.”

*251This 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 prejudice to police remedies. No costs.

• Motion denied, without costs.

Case Details

Case Name: Patton v. Patton
Court Name: The Superior Court of the City of New York and Buffalo
Date Published: Aug 15, 1895
Citation: 13 Misc. 726
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