Appellate Division of the Supreme Court of New York, 1927

Wemple v. Wemple

Appellate Division of the Supreme Court of New York · Decided February 4, 1927

219 A.D. 241; 219 N.Y.S. 638; 1927 N.Y. App. Div. LEXIS 10886

Counsel

Floyd Price, for the appellant., John Caldwell Myers of counsel [Benjamin F. Schreiber and John F. Keating with him on the brief], for the respondent.

Opinion of the Court

Per Curiam.

It was undoubtedly possible for the plaintiff to procure a judgment for accrued alimony under the Virginia judg*242ment similar to the one in Moore v. Moore (208 N. Y. 97), a failure to comply with which would be punishable as a contempt under section 1172 of the Civil Practice Act. The judgment she did procure for accrued alimony was merely a money judgment. It contained no direction in personam to pay and wholly lacks the provisions of the judgment in the Moore case making the decree of the foreign State the judgment of this court and specifically directing compliance therewith.

For these reasons the order so far as appealed from should be affirmed.

Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskatjer, JJ.

Order so far as appealed from affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.